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Madras High CourtCMA/71/2023disposed of

B. Ramkumar v. Prasant Kumar Jain

2023-03-11Honourable Mr Justice S. Sounthar4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:

Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.No.71 of 2023 Against the award and decree dated 06.09.2022 in M.C.O.P.No.98 of 2019 on the file of the Motor Accidents Claims Tribunal/(Special Sub Judge, Villupuram). B.Ramkumar .. Appellant /versus/ 1.Prasant Kumar Jain 2.The Manager, United India Insurance Company Ltd., Third Party Service Hub, Plot No.35, 36, 37, AR Plaza, 45 Feet Road, Balaji Nagar Extn., Saram, Puducherry - 605 011.

..Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V.Rao, learned counsel for the appellant, Mr.C.Paranthaman, learned counsel for the 2nd respondent are 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.1,55,000/- with interest at the rate of 7.5% per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the said award, the appellant/claimant has preferred the present appeal for enhancement. The parties have arrived at a settlement. The claimant is

present in person along with his counsel. The claimant has agreed to receive a sum of Rs.2,80,000/- in full quit over and above the compensation amount awarded by the tribunal. This amount shall be deposited by the second respondent/Insurance Company within a period of eight weeks from today, less the amount, if any, already deposited, failing which, the above said sum shall carry an interest at the rate of 7.5% per annum. On such deposit being made, the appellant/claimant is permitted to withdraw the entire award amount by making formal application.

2. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party 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. Consequently, connected Miscellaneous Petitions are closed, if any.

B.Ramkumar Counsel for the Appellant 1.Prasant Kumar Jain 2.The Manager, United India Insurance Company Ltd., Third Party Service Hub, Plot No.35, 36, 37, AR Plaza, 45 Feet Road, Balaji Nagar Extn., Saram, Puducherry - 605 011.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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 To:The parties/Advocates concerned Copy to:

1.The Motor Accident Claims Tribunal/(Special Sub Judge, Villupuram). 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 jai/ub

S.SOUNTHAR ,J.

jai/ub C.M.A.No.71 of 2023 11.03.2023