M.Valli v. C.Saroja

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI 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 D.BHARATHA CHAKRAVARTHY and Members :

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) (Appeal against the judgment and decree passed on 26.08.2022 made in M.C.O.P.No. 4277 of 2018 on the file of the Motor Accidents Claims Tribunal, I Additional District & Sessions Judge at Cuddalore) 1.M.Valli 2.Minor M.Vishnavi, 3.Minor M.Madhankumar 4.Minor M.Devadharshini Manimegalai (Died), W/o.Kannan (minor petitioners are represented by mother and next friend, M.Valli, the first respondent) ... Appellants

Versus

1.C.Saroja 2.Divisional Manager, The New India Assurance Company Ltd., DO III Floor, No.179 JN Street, Puducherry - 605 001.

... Respondents 1/5

This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V.Rao, the learned Counsel for the Appellants is present. Mrs.R.Srividhya, the learned Counsel for the second respondent is 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 Both the parties and the respective learned counsels are also present.

2. The claimant has preferred the above appeal for enhancement. 3.

In this case, the award has been made in MCOP No. 4277 of 2018 for a sum of 26,38,200/-. The entire award amount is already deposited to the credit of MCOP No. 4277 of 2018. Over and above the same, as full quit, another sum of Rs.4,00,000/- shall be deposited by the second respondent / Insurance Company. The said sum shall be deposited within a period of eight weeks from the date of receipt of a copy of this award. Upon such deposit, the said sum shall be paid to the appellants without insisting of any formal application and only upon filing of a Memo and verification of identity. The apportionment will be in the same proposition as that of the Trial Court.

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The Civil Miscellaneous Appeal is disposed of accordingly. 1.M.Valli 2.Minor M.Vishnavi, 3.Minor M.Madhankumar 4.Minor M.Devadharshini Counsel for the Appellants 1.C.Saroja, 2.Divisional Manager, The New India Assurance Company Ltd., DO III Floor, No.179 JN Street, Puducherry - 605 001.

Counsel for the Respondents This National Lok Adalat award is passed in terms of the above 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 3/5

To: The parties/Advocate concerned Copy to:

1. Motor Accidents Claims Tribunal, I Additional District & Sessions Judge at 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. +7 copies grs / veda 4/5

D.Bharatha Chakravarthy, J.

grs / veda C.M.A.No. 760 of 2024 08.03.2025 5/5