The National Insurance Company ... vs Pushpa
2021 Latest Caselaw 335 Mad

                                                          1

                              HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
                      Lok Adalat – I organised by the High Court Legal Services committee
                                      Tuesday, the 5th day of October 2021
                                            LOK ADALAT AWARD
                        (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
                     Presided over by

                                      The Hon'ble Mr.JUSTICE N.AUTHINATHAN (Retd)

                     Member

                            Mr. P.Ramalingam, District Judge, Retd

                                                C.M.A.Sr.No.35698 of 2021

                             (Appeal against the judgment and decree dated 06.01.2021 made

                     in M.C.O.P.No.4360 of 2017 on the file of the Motor Accident Claims

                     Tribunal, (Special Sub-Judge, No.I) (Small Causes Court) at Chennai.



                     The National Insurance Company Limited,
                     Third Party Claims Office,
                     Regina Manson, 3rd Floor,
                     No.46, Moore Street,
                     Chennai – 600 001.                              .. Appellant

                                                        Vs.

                     1.Pushpa
                     2.Minor. Dhakshnamoorthy
                     3.Minor. Poornima
                      (Minor respondents 2 & 3

are represented by their Mother & N.F Mrs.Pushpa)

( The 2nd and 3rd respondents attained majority. A memo dated 05.10.2021 is filed by the Respondents/Claimants to that effect is placed on record).

4.R.Arul (The 4th respondent set ex-parte before the Tribunal) .. Respondents https://www.mhc.tn.gov.in/judis/

This case came up for settlement before the Lok Adalat – I.

Mr.R.Ravichandran, learned counsel for the appellant/Insurance

company and Mr.K.Balaji and E.Shankar, learned counsel for the

respondents 1 to 3 are present. After mutual discussion, negotiation,

mediation and conciliation between both parties, they arrived at a

compromise to settle the matter as follows:

TERMS OF SETTLEMENT

The Tribunal has awarded a sum of Rs.18,55,000/- with interest

at 7.5% per annum from the date of presentation of petition till the

date of realization as compensation. Aggrieved by the award of the

Tribunal, the appellant / Insurance Company had preferred the

present appeal.

2. After due deliberation and consultation, both the parties have

agreed to modify the amount from Rs.18,55,000/- to Rs.17,05,000/-

with 7.5% interest and costs from the date of presentation of original

application.

3. The appellant / Insurance company shall deposit the

modified award amount within a period of four weeks from the date of

receipt of copy of this order.

https://www.mhc.tn.gov.in/judis/

4. The 2nd and 3rd respondents / claimants were minors at the

time of filing of the claim petition. Now they have attained majority

and memo filed by the respondents to that effect is placed on record

and is ordered accordingly.

5. Upon the amount being deposited, the

Respondents/Claimants are permitted to withdraw their shares in the

same proportion as was ordered by the Tribunal, together with interest

accrued thereon, less any amount already withdrawn, by filing suitable

application before the Tribunal. Award is modified accordingly.

6. The Tribunal is directed to transfer the amount through

RTGS/NEFT to the partis concerned on proper identification in

accordance with the terms of the award, without insisting on any

formal permission petition. The Civil Miscellaneous Appeal is disposed

of accordingly.

The National Insurance Company Limited, Third Party Claims Office, Regina Manson, 3rd Floor, No.46, Moore Street, Chennai – 600 001. Counsel for the Appellant

https://www.mhc.tn.gov.in/judis/

1.Pushpa

2. Dhakshnamoorthy

3.Poornima Counsel for the Respondents

This Lok Adalat award is passed in terms of the above settlement.

The full court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court Fees and suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge

Member

To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, (Special Sub-Judge, No.I) (Small Causes Court) at Chennai.

2. The Secretary, High Court Legal Services Committeee, Chennai.

3. The Secion Officer, V.R.Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court Madras + 2copies

drl https://www.mhc.tn.gov.in/judis/

N.AUTHINATHAN, J.(Retd)

drl

C.M.A.Sr.No.35698 of 2021

05.10.2021

https://www.mhc.tn.gov.in/judis/