M. Jeyanthi v. S. Nazar
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th July 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE SUBRAMONIUM PRASAD and Members:
Mr.N.Sivathanu Mr.T.V.Suresh C.M.A.No.1107 of 2015 (Appeal against the Judgment and decree passed on 02.08.2014 in M.C.O.P.No.5808 of 2012 on the file of the Motor Accidents Claims Tribunal ( II Court of Small Causes) Chennai. 1.M.Jeyanthi 2.M.M.Nagaraj 3.M.Parameswari 4.M.Gayathri (Minor) represented by mother and Natural guardian M.Jeyanthi 5.P.Sornammal 6.T.Pandiyan .. Appellants /vs/
1. S.Nazar
2. United India Insurance Company Limited, "Siling Building"
No.134, Greams Road, Chennai 600 006.
..Respondents (First respondent was set exparte before the Tribunal) This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mrs.Agalya, learned counsel for appellant as well as the learned counsel for the second respondent is 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.28,06,500/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Challenging the said award, the appellants/claimants have preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to the enhance the award amount of Rs.6,90,000/- (Rupees Six Lakhs Ninety Thousand only) in full quit (inclusive of interest) and the same is awarded.
3. It is represented that the mother of the deceased who is the fifth appellant herein had already passed away during the pendency of this appeal and her legal heirs were already on record as appellants 1
to 4 and 6.
4.Out of the award amount, the first appellant is entitled to a sum of Rs.3,00,000/-, the sixth appellant is entitled to a sum of Rs.90,000/- and the appellants 2,3 and 4 are entitled to a sum of Rs.1,00,000/- each.
5. The Second Respondent Insurance Company is directed to deposit the award amount, within a period of six weeks from the date of receipt of a copy of this order.
6. On deposit of the award amount, the appellants are permitted to withdraw their respective shares award amount, without filing any formal petition. Award is modified accordingly. The fourth appellant is a minor. The amount deposited in her name be given to her on her attaining majority.
7. The Tribunal is directed to issue the cheques to the party 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.
1.M.Jeyanthi 2.M.M.Nagaraj 3.M.Parameswari 4.M.Gayathri (Minor) represented by mother and Natural guardian M.Jeyanthi 5.P.Sornammal 6.T.Pandiyan Counsel for the appellants United India Insurance Company Limited, "Siling Building"
No.134, Greams Road, Chennai 600 006.
Counsel for the second respondent This National 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.
Judge Member Member To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal ( II 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.+2 copies SUBRAMONIUM PRASAD, J.
arr/gsk C.M.A.No.1107 of 2015 14.07.2018