S.Manoj (Minor) v. Kuppan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of September, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and Members Mrs. V.Ahalya, District Judge (Retired) Mrs. D.Sathya, Advocate C.M.A.No.51 of 2023 (Appeal against the Judgment and Decree passed on 30.08.2022 in M.C.O.P.No.5806 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai ) S.Manoj (Minor petitioner rep.by his father and natural guardian Guru) ...Appellant/Petitioner Vs.

1.Kuppan 2.United India Insurance Co.Ltd., Motor Third Party Claim Cell, No.134, Greams Road, Chennai - 6.

...Respondents/Respondents

On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, learned counsel for the appellant and Mr.D.Baskaran, learned counsel for the respondents are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: 1/4

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.2,60,000./- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/claimant has preferred the present appeal.

2.After due deliberation and consultation, both the parties have agreed to settle the appeal for a consolidated sum of Rs.3,00,000/- (Rupees Three Lakhs only) over and above the award amount, in full quit. 3.The learned counsel for the appellant has given a certificate that it is in the interest of the minor appellant, for, amounts are required for his education as well as for future medical expenses. He has also certified that there is no prejudice to the interest of the minor, since the sum of Rs.3,00,000/- is being paid over and above the amount already awarded by the Tribunal. 4.The said certificate shall form a part of the settlement. 5.The second respondent is directed to deposit the above said amount of Rs.3,00,000/- (Rupees Three Lakhs only), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the modified amount, as per the apportionment, as ordered by the Tribunal, without filing any formal petition. The Award is passed accordingly.

6.The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. 2/4

Guru Counsel for the Appellant United India Insurance Co.Ltd., Motor Third Party Claim Cell, No.134, Greams Road, Chennai - 6.

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 parties 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 Member Tsg To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies 3/4

V. LAKSHMINARAYANAN Tsg C.M.A.No.51 of 2023 09.09.2023 4/4