Madras High CourtCMA/2139/2011settled before the lokadalats

Dhamodharan @ Dhamu v. The New India Insurance Company Ltd., Chennai

2018-12-13Honourable Mr Justice M.Jeyapaul (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 13th day of December 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.JEYAPAUL (Retd.) and Members Mr.P.T.Loganathan Mr.M.Shankar CMA.No.2139 of 2011 and CMA.No.2166 of 2011 and M.P.No.1 of 2011 Prayer : CMA.No.2139 of 2011 and CMA.No.2166 of 2011 : Appeals against the judgment and decree dated 11.01.2011 made in M.C.O.P.No.4667 of 2006 on the file of the Motor Accidents Claims Tribunal, III Judge, Small Causes Court, Chennai.) Dhamodharan @ Dhamu .. Appellant in C.M.A,No.2139 of 2011 .. First respondent in CMA.No.2166 of 2011 Vs.

1. Murugapandi (exparte in the lower court) .. 1st respondent in CMA.No.2139 of 2011 .. 2nd Repondent in CMA.No.2166 of 2011

2. The New India Insurance Company Limited, No.45, 2nd Line Beach, Moore Street, Chennai - 1.

.. Respondents in CMA.No.2139 of 2011 ... Appellant in CMA.No.2166 of 2011 This case came up for settlment before the Lok Adalat. Mr.S.Manohar, Learned counsel for the Insurance Company and Mr.A.N.Viswanatha Rao and Ms.Ramya V. Rao, learned counsel for the claimant 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 C.M.A.No.2139 of 2011 has been filed by the claimant seeking enhancement of compensation whereas CMA.No.2166 of 2011 has been filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal.

2. The fact remains that a sum of Rs.9,78,140/- with interest at 7.5% from the date of numbering of petition i.e.11.12.2006 till the date of deposit and cost was awarded by the Tribunal.

3. In terms of the settlement arrived at between the parties, it is submitted by both the parties along with their counsel that CMA.No.2166 of 2011 filed by the Insurance Company may be dismissed and CMA.No.2139 of 2011 filed by the claimant may be allowed enhancing the compensation to the tune of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) in full quit over and above the amount of Rs.9,78,140/- awarded by the Tribunal with interest and costs.

4. In view of the above settlement reported by the both parties, CMA.No.2166 of 2011 stands dismissed and CMA.No.2139 of 2011 is allowed enhancing the compensation to the tune of Rs.7,50,000/- in full quit over and above a sum of Rs.9,78,140/- with interest and costs awarded by the tribunal.

5. The Insurance Company is directed to deposit the aforesaid enhancement award within a period of six weeks from the date of receipt of a copy of this order.

6. On such deposit, the claimant is entitled to withdraw the entire award amount without filing any formal petition before the Tribunal. Award is passed accordingly.

7. 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.

Sd/- Sd/- Dhamodharan @ Dhamu Counsel for the claimant Sd/- The New India Insurance Company Limited, No.45, 2nd Line Beach, Moore Street, Chennai - 1.

Sd/- Counsel for the Insurnace company 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Motor Accidents Claims Tribunal, III Judge, Small Causes Court, 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 CMA.No.2139 of 2011 and CMA.No.2166 of 2011 VGII(CO) CS/18/12/2018