K.S.R.Murthi v. K.Krishnan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 9th March, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE P.RAJAMANICKAM and Members:
Mr.P.Subburaj (Retd. Judge) Mrs.R.Rathnathara C.M.A.No. 707 of 2007 (Appeal against the Judgment and decree passed on 12.10.2006 in M.C.O.P.No.987 of 2002 on the file of the Motor Accidents Claims Tribunal, II Judge, Small Causes Court, Chennai.
K.S.R.Murthi ...Appellant/petitioner Vs.
1. K.Krishnan, (first respondent was set exparte in Trial Court) 2.National Insurance Company Ltd., Motor Third party Claims Office, 751, Anna Salai, Chennai 6.
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mrs.Ramya V.Rao, the learned counsel for the appellant and Mr.S.Vadivel, the learned counsel for the second 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.59,560/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Challenging the quantum of compensation, the appellant/claimant has preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to enhance the award amount to the tune of Rs.2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand Only) in full quit over and above the award of the Tribunal and the award is accordingly modified.
3. In view of the above, the Second respondent/Insurance Company is directed to deposit the enhanced award amount, after deducting the amount already deposited, within a period of four weeks. On such deposit, the appellant/claimant is entitled to withdraw the same with accrued interest.
4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.
K.S.R.Murthi Counsel for the Appellant
The National Insurance Company Ltd., Motor Third party Claims Office, 751, Anna Salai, Chennai 6. Counsel for the second respondent This National 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
P.RAJAMANICKAM, J.
dna/pns To:The parties/Advocate concerned Copy to:
1.Motor Accidents Claims Tribunal, IInd Court of Small Causes Court, 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. C.M.A.No.707 of 2007 09.03.2019