Pachaiammal v. N.Sundaram
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 11th day of December, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members
1. Mr.G.Dharmaraj
2. Mr.R.Karunakaran C.M.A.No.2210 of 2019 (Appeal against the Judgment and decree passed on 03.07.2018 made in M.C.O.P. No. 5108 of 2014 on the file of the Chief Judge, Court of Small Causes, Chennai.
1. Pachaiammal Krishnan (died)
2. Valliammal
3. V.Deepa
4. K.Dhilipkumar ...Appellants/Petitioners Vs.
1. N.Sundaram
2. Shriram General Insurance Co. Ltd.
No.66, II Floor, City Centre Complex Thirumalai Pillai Road, T.Nagar Chennai - 17.
..Respondents /Respondents On representation of the learned counsel for the claimants, this case is taken up for settlement before the Lok Adalat. Thiru.C.Richard Suresh Kumar, learned counsel for the appellants and Thiru.S.Dakshinamurthy, 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.13,00,000/-with interest at 7.5% per annum from the date of petition till the date of deposit with
proportionate costs as compensation. It is represented by the Insurance Company that they have deposited the entire award amount with interest before the Tribunal and the claimants had already withdrawn the entire deposited amount.
2. The second appellant /claimant is reported dead.
3. Not satisfied with the award of the Tribunal, the claimants/ appellants have preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.3,50,000/- (Three Lakhs Fifth Thousand only) in full quit as additional compensation.
4. The second respondent/ Insurance Company is directed to deposit the additional award amount within a period of six weeks from the date of receipt of a copy of this order.
5. On such deposit, the additional award amount of Rs.3,50,000/- the second appellant herein is entitled for Rs.2,00,000/- and the first, third and fourth appellant claimants are entitled for Rs.50,000/- each and accordingly, they are permitted to withdraw the settled additional amount. The award is passed accordingly. The Civil Miscellaneous Appeal is disposed of accordingly.
1. Pachaiammal
2. Valliammal
3. V.Deepa
4. K.Dhilipkumar Counsel for the Appellants
1. N.Sundaram
2. Shriram General Insurance Co. Ltd.
No.66, II Floor, City Centre Complex Thirumalai Pillai Road, T.Nagar Chennai - 17.
Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The 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 To The parties/Advocate concerned Copy to:
1.The Chief Judge, Court of Small Causes, 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. Maya
MALAISUBRAMANIAN, J.(Retd.) Maya C.M.A.No.2210 of 2019 Dated : 11.12.2021