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2025 Supreme(Online)(Mad) 11874

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R.VIJAYAKUMAR
The Branch Manager – Appellant
Versus
1. Minor.K.Subanesha – Respondent



HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

Presided Over by The Honourable Mr Justice R.VIJAYAKUMAR and Members Mr.G.P.Elango, District Judge(Retired) , Mr.R.Venkatesan Advocate CMA.SR(MD) No.48408 of 2025 and CMP.SR(MD).No.48411 of 2025 (Appeal against the Judgment and Decree passed on 19.12.2024 in MCOP.No.127 of 2020 on the file of the Motor Accident Claims Tribunal -cum- Additional District Judge, Palani)

The Branch Manager, M/s.Shriram General Insurance Company Limited, Having Office at E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur.

...Appellant/s Versus

1. Minor.K.Subanesha, D/o.Late.Karuppasamy, Rep., by her Grandmother K.Duraiyathal.

2. M.Padma W/o.S.Murugesan S.Murugesan (died) 3. B.Pandiyammal, W/o.P.Balasubramaniyan.

...Respondent/s This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s M/s.N.Shyllappa Kalyan and the counsel for the respondent/s Mr.K.M.Karunakaran 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 The appeal has been filed by the Insurance Company challenging the Award passed by the Motor Accident Claims Tribunal -cum- Additional District Judge, Palani in M.C.O.P.No.127 of 2020, wherein the Tribunal has awarded a sum of Rs.37,60,800/- as compensation along with the interest at 7.5%.

2. Before numbering of the appeal, the parties have appeared before the Lok Adalat and have agreed to seek a sum of Rs.40,00,000/- (Rupees Forty Lakhs Only) excluding the statutory deposit, towards full quit. The parties have further agreed that out of the said Rs.40,00,000/- (Rupees Forty Lakhs Only), Rs.30,00,000/- (Rupees Thirty Lakhs Only) shall be apportioned to the minor daughter and the balance amount of Rs.10,00,000/- (Rupees Ten Lakhs) to the 2nd respondent in the appeal.

3. The appellant/Insurance Company shall deposit the entire award amount within a period of eight (8) weeks from the date of receipt of a copy of this order. On such deposit, the 2nd respondent shall be entitled to withdraw her share. The share of the 1st respondent/ 1st claimant shall be deposited before a nationalized bank till she attains the age of majority. The interest shall be withdrawn by her grandmother/natural guardian namely K.Duraiyathal.

4.In the result, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petition is closed.

The Branch Manager, M/s.Shriram General Insurance Company Limited, Having Office at E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur.

Counsel for the Appellant/s

1. Minor.K.Subanesha, D/o.Late.Karuppasamy, Rep., by her Grandmother K.Duraiyathal.

2. M.Padma

3. B.Pandiyammal, W/o.P.Balasubramaniyan.

Counsel for the Respondent/s 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 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.

The Original of the award shall be placed 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.

In 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.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. The Motor Accident Claims Tribunal -cum- Additional District Judge, Palani

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

3. The Section Officer, V.R. Section, Madurai Bench of M

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