G.Ramesh v. G.Panner Selvam

NATIONAL LOK ADALAT Organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR and Members:

Mr.Sankaranarayanan Pillai.T Mr.Tanquebar Dorai Vasu C.M.A.No.253 of 2009 (The Appeal is not listed today, however, with the consent of the parties, it is taken up for settlement. The Appeal is filed against the judgment and decree dated 21.10.2008 passed in MACT.O.P.No.5028 of 2004 on the file of the VI Small Causes Court (Motor Accidents Claims Tribunal), Chennai).

G.Ramesh ...Appellant Vs.

1.G.Panner Selvam (remained exparte) 2.United India Insurance Co. Ltd., No.38, Anna Salai, Chennai - 600 002.

...Respondents

This case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant is absent. The learned counsel for the 2nd respondent Mr.S.Arunkumar is present and officials of Insurance company are also 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.42,500/- with interest at 7.5% p.a. from the date of numbering the claim petition i.e., 13.12.2004 till the date of deposit as compensation.

2. Aggrieved by the award of the Tribunal, the Appellant has preferred the present appeal. The amount awarded by the Tribunal has already been deposited by the Insurance Company and the same has been withdrawn by the appellant.

3. By way of compromise, the 2nd respondent/insurance company agreed to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) with interest, in addition to the award amount of the Tribunal as compensation and the same is agreed by both sides.

4. The Insurance company is directed to deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) with interest 7.5% pa, from the date of numbering the claim petition i.e., 13.12.2004, within a period of six weeks from the date of receipt of a copy of this award, to the credit of MACT.O.P.No.5028 of 2004 before the concerned Tribunal. Award is modified accordingly.

5. The Tribunal is directed to transfer the above said modified award amount to the individual bank account of the appellant by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

6. The Civil Miscellaneous Appeal is disposed of accordingly. Connected miscellaneous petition, if any, is closed. G.Ramesh .. Counsel for Appellant United India Insurance Co. Ltd., No.38, Anna Salai, Chennai - 600 002.

..Counsel for the 2nd Respondent

7. This Lok Adalat award is passed in terms of the above settlement.

M.NIRMAL KUMAR.J, klt

8. 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/Counsel concerned Copy to 1.The VI Small Causes Court, Motor Accidents Claims Tribunal, 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.253 of 2009 09.03.2019