The Divisional Manager v. A.Dhayanithi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 05th day of October, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by Hon'ble Mr.JUSTICE K.GNANAPRAKASAM (Retd.) and Members Mr.B.Maharajan M/s.P.Subhadra devi C.M.A No.1349 of 2016 and C.M.P.No. 10421 of 2016 (Appeal against the Judgment and Decree in M.C.O.P.No. 550 of 2012, dated 27.11.2015 on the file of the Motor Accident Claims Tribunal ( Special Sub Judge) at Cuddalore) The Divisional Manager, The New India Assurance Co.,Ltd., Divisional Office, No.1, Bharathi Road, Cuddalore- 607 001.

... Appellant/2nd Respondent Vs.

1.A.Dhayanithi ... Respondent 1/Petitioner 2.K.Sriram(2nd respondent remained exparte) This case came up for settlement before Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Krishnamoorthy and the learned counsel for the respondent Mr.R.Raj Kumar 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 Though the matter is not listed today, at the request of both the parties, it is taken up today.

2.The appellant / New India Assurance Company Limited has preferred the present appeal, aggrieved against the Award of the Tribunal which granted compensation of Rs.14,54,500/- with interest at 7.5% per annum from the date of petition till the date of deposit.

3. By way of compromise, it is agreed by both parties that the respondent agreed to receive the compensation award amount at Rs.16,00,000/- (Rupees Sixteen Lakhs only) in full quit. It is represented by the Appellant / New India Assurance Company Limited that they have deposited certain amount before the Tribunal and agreed to deposit the balance amount within eight weeks from the date of receipt of copy of this award. The respondent / petitioner herein is permitted to withdraw the Award amount, without filing any formal petition. Award is modified 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.

Sd/- The New India Assurance Co.,Ltd., Divisional Office, No.1, Bharathi Road, Cuddalore- 607 001.

Sd/- Counsel for the Appellant Sd/- Sd/- A.Dhayanithi Counsel for the 1st Respondent This 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal (Special Sub Judge) at Cuddalore.

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.

+2copies C.M.A No.1349 of 2016 NRI(CO) CA(20/11/2017)