V.Kalyani v. G.Ravichandran

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.1165 of 2012 Against the award and decree dated on 29.10.2011 made in MCOP.No.4498 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

1. V.Kalyani

2. V.Vasantha

3. V.Jayaprakash .. Appellants Vs.

1. G.Ravichandran

2. United India Insurance Co. Limited .. Respondents This Civil Miscellaneous Appeal has been taken up for settlement before the Lok Adalat. Both parties are present. Mr.R.Kalai Arasan, learned counsel for the appellant, Mr.D.Baskaran, learned counsel for the 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 claimants have filed this Civil Miscellaneous appeal against the order of the Tribunal for enhancement of compensation. The claim petition was filed for a total sum of Rs.10,00,000/-. The tribunal has passed an award for a sum of Rs.5,00,000/- with interest at the rate of 7.5% per annum. The parties have arrived at a settlement. The claimants are present in person along with their counsel. The claimant has agreed to receive a sum of Rs.1,50,000/- in full quit over and above the compensation amount awarded by the Tribunal.

2. The claimants are the wife, daughter and son of the deceased. The sum of Rs.1.50,000/- shall be deposited within a period of four weeks from today. On such deposit, the 1st claimant / wife is entitled to withdraw a sum of Rs.1,00,000/- and the 2nd and 3rd claimants who are the daughter and son of the deceased, are entitled to withdraw a sum of Rs.25,000/- each. It is reported that the compensation awarded by the Tribunal has been deposited with accrued interest by the Insurance company and the same has already been withdrawn by the claimants.

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.

1. V.Kalyani

2. V.Vasantha

3. V.Jayaprakash Counsel for the Appellant United India Insurance Co. Limited, 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, Chief 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.

rka C.M.A.No.1165 of 2012 13.07.2019