Ramakrishnan v. Ramamurthy

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th September 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD and Members Mr.K.Ramakrishnan, District Judge (retd) Mr.K.V.Muthu Visakan, Advocate C.M.A.No.1140 of 2023 (Appeal against the judgment and decree passed on 31.08.2021 made in MCOP.No.972 of 2019 on the file of the Motor Accidents Claims Tribunal, Principal Sub Judge, Puducherry.

Ramakrishnan ..Appellant /versus/ 1.Ramamurthy 2.The Divisional Manager, United India Insurance Co., Ltd., AR Plaza No.35,36 & 37, 45 Feet Road Extension, Balaji Nagar, Puducherry.

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Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.T.Anandasekar, learned counsel for appellant and Mr.J.Michaelvisuvasan, learned counsel for the second 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 Tribunal has awarded a sum of Rs.4,35,000/- with interest at the rate of 7.5% per annum as compensation to the appellant/claimant. Challenging the same, the appellant/claimant has preferred this appeal.

2. Not satisfied with the award of the Tribunal, the appellant/claimant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.1,00,000/- (Rupees One Lakhs only) in full quit, along with 7.5% interest.

3. Mrs.Chandra Srinevasan, Regional Manager of the Insurance has represented the second respondent/insurance and submitted that the insurance has already deposited the tribunal award amount of Rs.4,35,000/- (Rupees Four Lakhs Thirty Five Thousand only).

4. The second respondent/insurance is directed to deposit the enhanced amount of Rs.1,00,000/- (Rupees One Lakhs Only) in full quit, along with 7.5% interest, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit of the aforesaid enhanced amount by the second respondent/insurance, the appellant/claimant is permitted to withdraw the same,

without filing any formal petition. The Award is passed accordingly.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. Ramakrishnan Counsel for the Appellant 1.Ramamurthy 2.The Divisional Manager, United India Insurance Co., Ltd., AR Plaza No.35,36 & 37, 45 Feet Road Extension, Balaji Nagar, Puducherry.

Counsel for the second respondent This 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

J.SATHYA NARAYANA PRASAD, J.

vm/dpq To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Motor Accidents Claims Tribunal, Principal Sub Judge, Puducherry.

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 C.M.A.No.2652 of 2023 Dated :09.09.2023