Madras High CourtCMA/1574/2016settled before the lokadalats

N.R.Kanniappan v. The New India Insurance Co. Ltd Chennai

2019-01-31Honourable Mr Justice T.N.Vallinayagam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 31st day of January 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members Mrs.M.Rajalakshmi, District Judge, Mrs.K.M.Valsala Kumari, Advocate C.M.A.No.1574 of 2016 (Appeal against the judgment and decree dated 20.01.2016 made in M.C.O.P.No.3543 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.I Small Causes Court, Chennai) N.R.Kanniappan .. Appellant Vs.

1. P.Devaram - was set exparte in the Trial Court

2. The New India Assurance Company Limited, Motor Third Party Claims Cell, No.45, Moore Street, Chennai - 600 001.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. T.Senthilvel Murugan, and Mr.M.Samikannu, Counsel for the Appellant and Mr.J.Chandran, 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.1,78,000/- with interest at 7.5% per annum from the date of filing of the petition till its realisation. It is represented by the learned counsel for the appellant/claimant that the award amount has already been deposited before the Tribunal and the same has been withdrawn by the appellant / claimant.

2. Not satisfied with the award of the Tribunal, the appellant / claimant has preferred the present appeal for

enhancement. Now, both the parties have agreed to a sum of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only) in full quit as additional compensation.

3. The second respondent / New India Assurance 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.

4. On such deposit, the appellant / claimant is entitled to withdraw the additional award amount. The Award is passed accordingly.

5. On such deposit, the appellant / claimant shall withdraw the additional award amount by filing appropriate application and the payment is to be made through RTGS. Accordingly, this Civil Miscellaneous Appeal is disposed of.

Sd/- Sd/- N.R.Kanniappan Counsel for the Appellant Sd/- The New India Assurance Company Limited, Motor Third Party Claims Cell, No.45, Moore Street, Sd/- Chennai - 600 001.

Counsel for the 2nd Respondent This 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/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special Sub Court No.I Small Causes Court, 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 C.M.A.No.1574 of 2016 mg[co] srg 22/02/2019