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Madras High CourtCMA/88/2025disposed of

S. Thulasi v. S. Balamurugan

2025-03-084 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of March, 2025 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 1.Mr.M.Pughazhendi, Advocate 2.Mrs.S.Sridevi, Advocate C.M.A.No.88 of 2025 (Against the award and decree passed on 26.09.2024 made in M.C.O.P.No.3416 of 2021 on the file of the Motor Accident Claims Tribunal, (in the III Court of Small Causes, Chennai).

S.Thulasi W/o. Sundaramoorthy ... Appellant Vs.

1.S.Balamurugan 2.United India Insurance Co.Ltd., No.134, Sillingi Building, Greems Road, Chennai - 600 006.

... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.K.Balaji and the learned counsel for the second respondent Mr.D.Baskaran are present. No appearance for the first respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT 1/4

Both the parties and their respective counsel are present. The above appeal has been preferred by the claimant, challenging the quantum of amount Rs.3,82,500/- awarded by the Tribunal.

2.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) over and above the amount awarded by the Tribunal, in full quit to the claimant, within a period of four weeks from the date of receipt of a copy of this order. 3.The Insurance Company shall deposit a sum of Rs.3,00,000/-, over and above the amount awarded by the Tribunal, within a period of four weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. 4.On such deposit, the claimant shall be entitled to withdraw the award amount as per ratio of apportionment made by the Tribunal. 5.The claimant is permitted to withdraw her respective award amount. The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

1. S.Thulasi W/o. Sundaramoorthy Counsel for the Appellant

2. The United India Insurance Co.Ltd., No.134, Sillingi Building, Greems Road, Chennai - 600 006.

Counsel for the second Respondent This National Lok Adalat award is passed in terms of the above 2/4

settlement.

The 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 To The parties/Advocate concerned Copy to

1. The Motor Accident Claims Tribunal, (in the III 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 3/4

B.GOKULDAS.,J.

kv/sai C.M.A.No.88 of 2025 08.03.2025 4/4