Madras High CourtCMA/1510/2015settled before the lokadalats

Thangarasu v. S.M.Thangavel

2018-07-26Honourable Mr Justice S.Marimuthu (Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 26th day of July 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU (Retd.) and Members Mr.M.Mohamed Ismail Mr.S.Rajeswaran C.M.A.No.1510 of 2015 (Appeal against the judgment and decree dated 27.01.2011 made in M.C.O.P.No.185 of 2007 on the file of the Motor Accidents Claims Tribunal, Sub Court, Namakkal) Thangarasu .. Appellant/Petitioner Vs.

1. S.M.Thangavel (ex-parte before the Tribunal)

2. New India Insurance Company Limited, No.29, Ram Complex, Paramathi Road, Namakkal Town.

.. Respondents /Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.A.Sathish Kumar for Mr.C.Thangaraju and the learned counsel for the 2nd respondent Mr.K.Thirunavukarasu are present. No appearance for the first respondent. 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.1,93,900/- with interest at 7.5% per annum from the date of petition till the date of deposit. 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for the appellant/claimant that the award amount has already been deposited before the Tribunal and the same has been withdrawn by the appellant / claimant.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.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand only ) in

full quit (inclusive of interest) over and above the award of the Tribunal.

3. The second respondent / Insurance Company is directed to deposit the enhanced award amount of Rs.3,25,000/- 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 enhanced award amount without filing any formal petition. The Award is passed accordingly.

5. 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.

Sd/- Sd/- Thangarasu Counsel for the Appellant Sd/- New India Insurance Company Limited, No.29, Ram Complex, Paramathi Road, Sd/- Namakkal Town.

Counsel for the 2nd Respondent 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 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

Copy to:

1.The Motor Accidents Claims Tribunal, Sub Court, Namakkal.

2.The Secretary, High Court Legal Services Committee, Chennai.

3.The Section Officer, V.R.Section, High Court, Madras.( 2 Copies) 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies +1cc to Mr. C.Thangaraju, Advocate, S.R.No. 51229 C.M.A.No.1510 of 2015 RSI(CO) GN(12/09/2018)