Madras High Court
The Divisional Manager vs Murugammal on 4 October, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Friday, the 08th day of April 2022
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE M.THANIKACHALAM (Retd.)
and
Member
Mr.P.Ganesan, District Judge, Retd.
CMA.Sr.No.20355 of 2022
(Appeal against the judgment and decree dated 04.10.2021 made in
M.C.O.P.No.1150 of 2019 on the file of the Motor Accidents Claims Tribunal,
Special District Court, Krishnagiri)
The Divisional Manager,
Shriram General Insurance Co.Ltd.
Head Office,
E-8, RIICO Industrial Area,
Sitapura, Jaipur,
Rajasthan – 302 022 .. Appellant
Vs.
1. Murugammal
2. Yellappa .. Respondents
This case came up for settlement before the Lok Adalat. Both parties
are present. Mr.S.Dhakshnamoorthy, counsel for the appellant and
Mr.M.Sivakumar, counsel for the first respondent are present. After mutual
discussion, negotiation, mediation and conciliation between both parties, they
arrived at a compromise to settle the matter as follows:
https://www.mhc.tn.gov.in/judis
TERMS OF SETTLEMENT
The appellant / Insurance Company, who was directed to pay an award
amount of Rs.19,31,137/- with interest, challenged the said award before
the appropriate Court which came up for settlement before this Forum.
2. The claimant,viz., Murugammal, first respondent and the Insurance
Company represented by Bhavik N.Shah as well as Mr.M.Sivakumar,
representing the claimant present. All of them, after discussion deliberately
came to the conclusion that the case has to be settled and accordingly the
appellant / Insurance Company has agreed to pay a lump sum of
Rs.21,76,000/- in full quit of the entire amount, i.e. including the award
already passed by the trial Forum. The claimant when apprised about the
amount settled, agreed and requested to pass an award. In view of the
above settlement reached between the parties, the award of the Trial Court is
modified as herein under.
3. The appellant / second respondent is directed to deposit a sum of
Rs.21,76,000/- in full quit of the above settled amount, less of Rs.25,000/-
within a period of eight weeks from the date of receipt of a copy of this order.
4. The claimant is entitled to withdraw a sum of Rs.25,000/- already
deposited by the Insurance Company including the accrued interest if any.
https://www.mhc.tn.gov.in/judis
5. The Tribunal is directed to transfer the amount through RTGS/NEFT to
the party 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 Divisional Manager,
Shriram General Insurance Co.Ltd.
Head Office,
E-8, RIICO Industrial Area,
Sitapura, Jaipur,
Rajasthan – 302 022 Counsel for the Appellant
1. Murugammal Counsel for the first respondent
This Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the appellant in the manner
provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of
Section 21 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 District Court, Krishnagiri.
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
https://www.mhc.tn.gov.in/judis
M.THANIKACHALAM, J.(Retd.)
adl
CMA.Sr.No.20355 of 2022
08.04.2022
https://www.mhc.tn.gov.in/judis
