This case has been listed today and came up for settlement before the Lok Adalat. Learned counsel for the Appellant Mr.R.V.Sivaraj for M/s.J.Michael Visuvasam and the learned counsel for the Respondent Mr.K.Myilsamy and Mr.A.Srinivasan, Assistant Manager (Legal), Cholamandalam MS General Insurance Company Limited http://www.judis.nic.in are present. After mutual discussion, negotiation, mediation and conciliation between 2 both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only) with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Insurance Company has preferred the present appeal.
2.After due deliberation and consultation, both the parties have agreed to settle the matter for Rs. 12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) with interest from the date of petition till date, i.e. 11.01.2019.
3.The appellant/Insurance Company has already deposited the amount of Rs.15,12,378/- (Rupees Fifteen Lakhs Twelve Thousand Three Hundred and Seventy Eight only) including TDS. The Claimant is entitled to withdraw the award amount. The balance amount with accrued interest if any, satisfying the award amount shall be refunded to the Insurance company within a period of 8 weeks from the date of receipt of copy of this order.
4.On such deposit the claimant/1st respondent is permitted to withdraw the modified award amount. Award is passed accordingly.
5. The Tribunal is directed to issue the amount through cheque / RTGS 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. Consequently, connected miscellaneous petition is also http://www.judis.nic.in closed.
M/s.Cholamandalam MS General Insurance Company Limited, 'Kalaikathir Building' No.963/1, Avinashi Road, Coimbatore – 37. ...Counsel for the Appellant P.Sakthivel ...Counsel for the Respondent 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 21 r/w 25 of LSA Act 1987 as amended in 1994.
1. The Motor Accidents Claims Tribunal, II Additional District Judge, Tiruppur http://www.judis.nic.in
2. The Secretary, High Court Legal Services Committee, Chennai. 4
3. The Section Officer, V.R.Section, High Court, Madras.
4. The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies T.N.VALLINAYAGAM.J,(Retd.) drl CMA.No.106 of 2018 11.01.2019 http://www.judis.nic.in