Minor T.Hakesh v. C. Suresh Kumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of MARCH 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.K.BALASUBRAMANIAN, District Judge (Retd) Mr.R.GANESH CMA No.1364 of 2023 Appeal against the award dated 23.06.2022 made in M.C.O.P.No.532 of 2018 on the file of the Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai.

Minor. T. Hakesh Rep. By his mother and Guardian C.N.Santha Kumari ... Appellant Vs.

1.C.Suresh Kumar S/o. Chandran 2.Reliance General Insurance Co. Ltd., First Floor, NTG Complex, Ramaswamy Street, West Tambaram, Chennai - 600 045.

... Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Vasanthanayagan, learned counsel for appellant and Mr.P.Suresh Srinivasan, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.1,58,200/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant/claimant had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to enhance the award to a sum of Rs.1,50,000/- (Rupees One Lakh only) in full quit (without interest) as compensation.

3. According to learned counsel for the second respondentInsurance Company has already deposited the amount awarded by the Tribunal at Rs.1,58,200/- with interest and costs.

4. Hence, the second respondent / Insurance Company is directed to deposit the above said accepted award amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) as over and above the award amount awarded by the Tribunal as full quit (without interest) as compensation, within a period of six (6) weeks from the date of receipt of a copy of this award. If the payment has not been made within the time stipulated, the 2nd respondent/Insurance Company is directed to pay the amount along with the interest at the rate of 7.5% p.a., from today till the date of realisation.

5. On such deposit, the Tribunal is directed to deposit the same in anyone of the nationalized bank under cumulative deposit, till the minor appellant attains majority and the mother of the minor appellant is permitted to withdraw the interest amount once in three months, till the minor attains majority.

6. On representation of the learned counsel for the appellant to

withdraw the compensation amount, the Tribunal is directed to consider the same, if possible. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any. 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.

Judge Member Member Minor. T. Hakesh Rep. By his mother and Guardian C.N.Santha Kumari Counsel for the Appellant 1.C.Suresh Kumar S/o. Chandran Counsel for the 1st respondent 2.Reliance General Insurance Co. Ltd., First Floor, NTG Complex, Ramaswamy Street, West Tambaram, Chennai - 600 045.

Counsel for the 2nd respondent To:

The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies sp/rpl

B.GOKULDAS,J. (Retd.) sp/rpl CMA No.1364 of 2023 09.03.2024