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Madras High CourtCMA/3031/2011settled before the lokadalats

Arulmurugan v. Malarkodi

2019-03-26Honourable Mr.Justice A.Ramamurthi(Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Tuesday, the 26th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI(Retd.) and Members Mr. M. Sambasivam Mrs. Revathy Mohan C.M.A.No.3031 of 2011 (Appeal against the judgment and decree passed on 04.03.2011 in M.C.O.P.No.254 of 2008 on the file of the Motor Accidents Claims Tribunal cum Chief Judicial Magistrate, Perambalur.) Arulmurugan, S/o. Ramalingam ... Appellant / respondent Vs.

Malarkodi

...Respondent/ petitioner

Pursuant to the notice issued by this Forum, both parties are present today. On appearance of both parties, this case is taken up for settlement before the Lok Adalat. 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.66,400/-(Rupees Sixty Six Thousand and Four Hundred Only) with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.75,000/- (Rupees Seventy Five thousand only) in full quit inclusive of interest.

3. The appellant is directed to deposit the above said modified award amount of Rs.75,000/- (Rupees Seventy Five thousand only) after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order. The respondent has produced Aadhar Card and the appellant is also identified by the learned Counsel Mr. Selvaraj. On such deposit, the respondent/claimant is permitted to withdraw the above said modified award amount without filing any formal petition. Award is passed accordingly. 4.The Tribunal is directed to issue the cheque 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 Petition is closed, if any.

Sd/- Arulmurugan, Sd/- S/o. Ramalingam Malarkodi W/o. Pichaipillai (Party in person- Appellant) (Party in person- Respondent) This Mega 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 //True Copy// Sub Assistant Registrar

To:The parties concerned Copy to:

1.The Motor Accidents Claims Tribunal cum Chief Judicial Magistrate, Perambalur.

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.3031 of 2011 and M.P. No.1 of 2011 mr[co] srg 25/04/2019