The Divisional Manager v. Vilvambal

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of September 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Hon'ble Mr.Justice K.K.RAMAKRISHNAN and Members Mr.V.Sivasubramanian, District Judge (Retd) & Mr.P.R.Balasubramanian, Advocate) CMA(MD) No.750 of 2023 (Appeal against the judgment and decree passed on 11/04/2022 in MCOP.638/2020 on the file of the SPECIAL DISTRICT JUDGE, THANJAVUR) THE DIVISIONAL MANAGER M/s United India Insurance Company Limited, LIC Building Complex, Gandhiji Road, Thanjavur City, Thanjavur District. ...Appellant Versus

1.VILVAMBAL W/o Late Subramanian, Main Road, Nallur, Injikollai, Thirucherai, Kumbakonam Taluk, Thanjavur District.

¶2PALANIVEL, S/o Late Subramanian, Main Road, Nallur, Injikollai, Thirucherai, Kumbakonam Taluk, Thanjavur District.

3.ASHRAF ALI, S/o Mohammed Ibrahim, No.2/308, Vadakku Pattakkal Street, Thathuvanjeri Post, Thiruvidaimaruthur Taluk, Thanjavur District 612 502. ...Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.I.Suthakaran and the counsel for the respondents Mr.G.Karnan are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD Heard both sides.

¶2The Tribunal has awarded a sum of Rs.21,86,800/-, as compensation with 7.5% interest from the date of filing of the petition.

¶3After negotiation between the parties, this matter is settled at Rs.24,27,750/- [Rupees Twenty Four Lakhs Twenty Seven Thousand and Seven hundred and fifty only] as full quit. The appellant/insurance company is directed to deposit the said Rs.24,27,750/-, to the credit of MCOP No.638 of 2020 on the file of the Special District Judge, Thanjavur within a period of six weeks, from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the respondents 1 & 2/claimants are permitted to withdraw 50% of the said amount equally, without filing any formal petition.

¶4This Lok Adalat award is passed in terms of the above settlement.

¶5The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu 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.

¶6The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

¶7In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed. THE DIVISIONAL MANAGER M/s United India Insurance Company Limited, LIC Building Complex, Gandhiji Road, Thanjavur City, Thanjavur District. Counsel for the Appellant VILVAMBAL W/o Late Subramanian, Main Road, Nallur, Injikollai, Thirucherai, Kumbakonam Taluk, Thanjavur District. PALANIVEL, S/o Late Subramanian, Main Road, Nallur, Injikollai, Thirucherai, Kumbakonam Taluk, Thanjavur District. ASHRAF ALI, S/o Mohammed Ibrahim, No.2/308, Vadakku Pattakkal Street, Thathuvanjeri Post, Thiruvidaimaruthur Taluk, Thanjavur District 612 502. Counsel for the Respondents JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

¶1SPECIAL DISTRICT JUDGE, THANJAVUR.

¶2The Officer-in-Charge, High Court Legal Services Committee, Madurai.

¶3The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By MANI MEGALAI PA To The Hon'ble Judges