E.Selvaraj v. V.Anbalagan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.ANAND VENKATESH AND MEMBERS 1.Mr.J.Venkatesaperumal, District Judge (Retd.) 2.M.Dhamodharan C.M.A.No.3428 of 2010 & CMA No.878 of 2013 Against the award and decree dated on 24.02.2010 made in MCOP.No.1761 of 2005 on the file of the Motor Accident Claims Tribunal, V Court Small Causes Court, Chennai.

E.Selvaraj .. Appellant Vs.

1. V.Anbalagan (Remained Exparte before the Trial Court)

2. United India Insurance Co. Ltd., Chennai .. Respondents This Criminal Miscellaneous Appeal has been taken up for settlement before the Lok Adalat. Both parties are present. Mr.R.Kalaiarasan, learned counsel for the appellant, Mr.D.Baskaran, learned counsel for the 2nd 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 claimant has filed the Civil Miscellaneous Appeal against the order of the Tribunal for enhancement of compensation. The claim petition was filed for a total sum of Rs.4,00,000/-. The tribunal has passed an award for a sum of

Rs.75,000/- with interest at the rate of 7.5% per annum. The parties have arrived at a settlement. The claimant is present in person along with his counsel. The Insurance Company has already deposited the amount awarded by the Tribunal with accrued interest. Out of the said amount, the insurance company is entitled to withdraw a sum of Rs.25,000/- with proportionate interest.

3. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed, if any.

E.Selvaraj Counsel for the Appellant United India Insurance Co. Ltd., Chennai Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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/Advocates concerned Copy to:

1.The Motor Accident Claims Tribunal, V Judge, 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 rka N.ANAND VENKATESH, J.

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C.M.A.No.3428 of 2010 13.07.2019