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Madras High CourtCMA/1166/2023disposed of

Sumathi v. T.Vijayasekar

2025-03-08Honourable Mr Justice D.Bharatha Chakravarthy5 pages

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 26.10.2022 made in M.C.O.P.No. 2262 of 2019 on the file of the Motor Accidents Claims Tribunal, I Additional District and Sessions Judge, Cuddalore.) 1.Sumathi 2.D.Ramani 3.Nandakumar 4.D.Jothi ... Appellants / Petitioners

Versus

1.T.Vijayasekar 2.The Divisional Manager, The New India Assurance Company Ltd., Divisional Office, No.1, Bharathi Road, Cuddalore - 607 001.

... Respondents / 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. M/s.R.Srividhya, Insurance Company Official 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 learned Counsel for the appellants is present.

2. The appellants have challenged the award amount of Rs.17,43,600/-.

3.

The Tribunal awarded a sum of Rs.17,43,600/- with interest. Against which, the claimants preferred an appeal. Both parties have settled for a sum of Rs.3,50,000/- as full quit, over and above the Tribunal award. The said sum shall be deposited within a period of eight weeks from the date of receipt of a copy of this award. Upon deposit of the amount, the claimants will be entitled for the entire amount and the amount credited to the Bank Account shall be disbursed without insisting upon any formal 2/5

application and only upon verification of the identity. After depositing the said sum, the second respondent / Insurance Company is entitled to recover the same from the owner of the vehicle. The Civil Miscellaneous Appeal is disposed of accordingly. 1.Sumathi 2.D.Ramani 3.Nandakumar 4.D.Jothi Counsel for the Appellants 1.T.Vijayasekar 2.The Divisional Manager, The New India Assurance Company Ltd., Divisional Office, No.1, Bharathi Road, Cuddalore - 607 001. 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. 3/5

Judge Member Member To: The parties/Advocate concerned Copy to:

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

D.Bharatha Chakravarthy, J.

grs / veda C.M.A.No. 1166 of 2023 08.03.2025 5/5