S.Purushothaman v. P.Tirunavukkarasu,

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of February, 2020 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.DHANDAPANI and Members Mr.V.C.Suresh Mr.P.Madhan C.M.A.No.266 of 2013 (Appeal against the judgment and decree dated 28.06.2007 made in M.C.O.P.No.198 of 2003 on the file of the Motor Accident Claims Tribunal, (Fast Track Court No.I) Additional District Judge, Tindiavanam, Villupuam District.

S.Purushothaman ... Appellant /versus/ 1.P.Thirunavukkarasu 2.The Branch Manager The Oriental Insurance Company Ltd., Cuddalore Cuddalore District

3. Ramachandiran

4. The Divisional Manager National Insurance Company Limited No.110, J.N. Street, II Floor, Pondicherry-1.

... Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.Ramya V.Rao, learned counsel for appellant and Mr.D.Baskaran, learned counsel for the 4th 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.80,000/- with interest at the rate of 6% per annum from the date of petition till the date of payment and with proportionate cost, and directed the 3rd and 4th respondents to deposit the amount of Rs.40,000/- each. Aggrieved by the said compensation, the claimant/appellant has preferred the present appeal.

2. After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five thousand Only) in full quit over and above the amount awarded by the Tribunal.

3. The 4th respondent Insurance Company is directed to deposit the modified award amount arrived at today, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.198 of 2003 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.I, Tindivanam, failing which, the respondents Insurance Company shall deposit the modified award amount with simple interest at the rate of 6% p.a. On such deposit being made, the appellant / claimant is permitted to withdraw the award amount.

4. The Tribunal is directed to transfer the above said award amount to the Bank account of the appellant/ claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

5. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected civil miscellaneous petition, if any, is closed. S.Purushothaman Counsel for the Appellant The Branch Manager The Oriental Insurance Company Ltd., Counsel for the 2nd Respondent The Divisional Manager National Insurance Company Limited Counsel for the 4th 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. Judge Member Member

M.DHANDAPANI,J.

uma To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, (Fast Track Court No.I) Additional District Judge, Tindivanam. 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.266 of 2013 08.02.2020