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The Manager vs Deiva

Madras High Court|21 November, 2017

JUDGMENT / ORDER

This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr. P.Sankaranarayanan, learned counsel appearing for the appellant and Mr.M.K.Parandhaman, learned counsel appearing for the first http://www.judis.nic.in 2 respondent are present.
TERMS OF SETTLEMENT The appeal in C.M.A. No. 2962 of 2018 pending on the file of High Court, Madras and preferred against the award passed in M.C.O.P. No. 195 of 2013 on the file of Motor Accident Claims Tribunal, Sub Judge, Vaniyambadi has been referred to the Lok Adalat for conciliation today.
2.The appellant represented by the counsel and the first respondent represented by the counsel are present before the Lok Adalat for conciliation today. This is a case of fatal accident. The Tribunal has awarded a sum of Rs. 22,10,000/- (Rupees twenty two lakhs and ten thousand only) with interest at 6% per annum from the date of petition till the date of deposit. After great deliberation and discussion, both the parties have agreed to compromise the disputed claim at Rs.16,00,000/-(Rupees sixteen lakhs only) with interest at 6 % per annum from the date of the petition till the date of deposit. Admittedly, a portion of the amount has been deposited before the Tribunal. The appellant/insurance company has agreed to deposit the balance amount within a period of six weeks from the date of receipt of a copy of this award.
3.In view of the compromise agreed between the parties, the Lok Adalat http://www.judis.nic.in 3 hereby declare and decree that the appellant shall pay a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs only) with interest at 6% per annum from the date of filing of the petition till the date of deposit, less the amount already deposited by the appellant/insurance company, who is the second respondent before the Tribunal. The balance amount shall be deposited within a period of six weeks from the date of receipt of a copy of this award. On such deposit of the balance amount, the first respondent, who is the petitioner, is permitted to withdraw the entire amount without filing any formal application. No order as to costs. Award is passed, accordingly. Consequently, connected C.M.P.No.20315 of 2019 is closed.
The Manager, HUB IIIrd Party Claims United India Insurance Katpadi Road, Vellore Counsel for the Appellant Deiva M.Vivek Prasad (2nd respondent set exparte before the Tribunal) Counsel for the Respondents 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 http://www.judis.nic.in 4 Section 21 r/w 25 of the LSA Act 1987 as amended in 1994.
1.The Motor Accidents Claims Tribunal,(Sub Judge), at Vaniyambadi.
2.The Manager,HUB IIIrd Party Claims, United India Insurance,Katpadi Road, Vellore.
3.The Secretary, High Court Legal Services Committee, Chennai.
4.The Section Officer, V.R.Section, High Court, Madras.
5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies ay/ssm P.THANGAVEL, J.(Retd.) ay/ssm http://www.judis.nic.in 5 C.M.A.No.2692 of 2018 and C.M.P.No.20315 of 2018 Dated:13.07.2019 http://www.judis.nic.in
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Title

The Manager vs Deiva

Court

Madras High Court

JudgmentDate
21 November, 2017