The Divisional Manager v. Mekala

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of July, 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD and Members Mr.N.Balasubramanian, District Judge (Retd) Mr.P.G.Kumaraguru C.M.A.No.948 of 2022 (Appeal against the award made in MACTOP No.2187 of 2015 dated 10.06.2020 on the file of the Motor Vehicles Accident Claims Tribunal, II Additional Subordinate Judge, Cuddalore) The Divisional Manager, National Insurance Company Limited, 110, J.N.Street, Pondicherry.

... Appellant Vs.

1.Mekala 2.S.Velu (2nd respondent set ex party before the Tribunal) .. Respondents At request of the parties, the matter is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.N.B.Sureka, learned standing counsel for the appellant and M/s.Ramya V. Rao, learned counsel for the first 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 compensation of Rs.5,03,000/- [Rupees Five Lakhs and Three Thousand only) along with interest at 7.5% per annum from the date of petition till realisation. It is reported that 50% of the compensation awarded by the Tribunal had already been deposited by the appellant/ Insurance company along with proportionate interest and cost. 2.Aggrieved over the award passed by the tribunal, the appellant/ Insurance Company has come up with this appeal. 3.Now,the parties have arrived at a settlement. It is reported that the appellant /Insurance company has offered to settle a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) along with 7.5% p.a interest and proportionate cost and the same has also been agreed by the first respondent, without any further claims.

4.Since the appellant / Insurance company has already deposited 50% of the compensation amount awarded by the tribunal and hence, the appellant /Insurance Company is directed to pay the balance compensation along with 7.5% interest p.a with proportionate cost from the date of petition till the date of deposit. On such deposit, the first respondent/claimant is permitted to withdraw the same.

5.Hence, the Civil Miscellaneous Appeal is disposed of accordingly. The Divisional Manager, National Insurance Company Limited, 110, J.N.Street, Pondicherry.

Counsel for Appellant

Mekala Counsel for the first respondent This Lok Adalat award has 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 To: The parties/Advocate concerned Copy to:

1.Motor Vehicles Accident Claims Tribunal, II Additional Subordinate Judge, Cuddalore 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 vkr/kas J.SATHYA NARAYANA PRASAD, J

vkr/kas C.M.A.No.948 of 2022 08.07.2023