Madras High CourtCMA/975/2010settled before the lokadalats

A.Murugan v. C.P.Vinod

2019-12-14Honourable Mr Justice P. Rajamanickam4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 14th December, 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.G.Dhanaraj Mr.V. Shanmugasundaram C.M.A.No.975 of 2010 (Appeal against the Judgment and decree passed on 28.04.2008 in M.C.O.P.No.4285 of 2002 on the file of the Motor Accidents Claims Tribunal, III Judge, Court of Small Causes, Chennai) A. Murugan ... Appellant Vs.

1.C.P.Vinod 2.The National Insurance Company Ltd., No.751,III floor, Mount Road, Chennai.

...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 no representation for the first respondent. Mr.S.Vadivel, the learned counsel for the second respondent is 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.1,63,000/- with interest at the rate of 12% per annum from the date of numbering of the 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 with an additional sum of Rs.65,000/- (Rupees Sixty Five Thousand Only) with proportionate interest of 7.5% per annum from the date of numbering of the petition till the date of deposit, and the award is accordingly modified.

3. In view of the above, the Insurance Company is directed to deposit the enhanced award amount with interest of 7.5% per annum from the date of numbering of the petition till the date of deposit, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is entitled to withdraw the same.

4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any. A. Murugan Counsel for the Appellant The National Insurance Company Ltd., No.751,III floor, Mount Road, Chennai. Counsel for the 2nd 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.

sbn/gv To:

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, III 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. C.M.A.No.975 of 2010 14.12.2019