S.Murgan v. M.Ganesan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mrs.K.Kavitha Advocate C.M.A.No.984 of 2023 (Appeal against the judgment and decree passed on 28.07.2022 made in M.C.O.P.No.49 of 2019 on the file of the Motor Accident claims Tribunal/(Special District Judge, Villupuram). 1.S.Murugan 2.M.Ramachandran 3.A.Kavinilavu .. Appellants Vs.

1.M.Ganesan (set exparte even before the Tribunal) 2.The Branch Manager, New India Assurance Co. Ltd., Thiru Vi.Ka Road, Villupuram.

3.G.Sundaramoorthy (Set exparte even before the Tribunal) 4.The Branch Manager, National Insurance Company Ltd., K.K.Road, Villupuram.

.. Respondents

This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant M/s.A.Subedra for Ms.Ramya V.Rao and the learned counsel for the second respondent Mr.Vinod and the learned counsel for the fourth respondent Mr.C.Johnson 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 Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.14,10,000/- (Rupees Fourteen Lakhs Ten Thousand only) (Rs.7,05,000 + Rs.7,05,000) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellants have preferred the present appeal. Now the appellants/claimants have agreed to receive a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in full quit, in addition to the amount already awarded by the Tribunal, which is also acceptable by the second and fourth respondents equally.

4. The second and fourth respondents are directed to deposit the award amount, now ordered, within a period of six weeks from the date of receipt of a copy of this order. Award is passed accordingly. On such deposit, the claimants are permitted to withdraw the Award amount as per the apportionment mentioned supra, after deducting the amount already withdrawn by the claimants, if any.

5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. 6.The appeal is ordered accordingly. Consequently, the connected MP, if any, is closed.

1.S.Murugan 2.M.Ramachandran 3.A.Kavinilavu Counsel for the appellants 1.The Branch Manager, New India Assurance Co. Ltd.,

Thiru Vi.Ka Road, Villupuram.

Counsel for the 2nd respondent 2.The Branch Manager, National Insurance Company Ltd., K.K.Road, Villupuram.

Counsel for the 4th respondent 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 .

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

1. The Motor Accident claims Tribunal/(Special District Judge, Villupuram). 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.

K.GOVINDARAJAN THILAKAVADI, J.

rna C.M.A.No.984 of 2023 10.06.2023