R.G. Kumar v. D. Anandan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 05th day of January 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.SWAMIDURAI (Retd.) and Members Mr.M.Pughazhendhi Ms.R.Janaki C.M.A.No.1593 of 2015 (Appeal against the judgment and decree passed on 24.07.2013 made in M.A.C.T.O.P.No.1910 of 2011 on the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai) R.G.Kumar .. Appellant Vs.

1. D.Anandhan - Ex-parte

2. National Insurance Company Limited, MACT Cell, 751 Mount Road, III Floor, Chennai - 600 002.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.S.Akilan, Manager of National Insurance Company is present. The learned counsel for the appellant Mr.T.Senthilvel Murugan and the learned counsel for the 2nd respondent Mr.D.Baskaran 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.48,000/- with interest at 7.5% per annum from the date of numbering of petition till the date of deposit.

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.55,000/- (Rupees Fifty Five Thousand only) in full quit as additional compensation.

3. 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.

4. On such deposit, the appellant / claimant is permitted to withdraw the additional award amount and original award of the tribunal, if not already withdrawn without filing any formal petition before the Tribunal. 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/- R.G.Kumar Counsel for the Appellant Sd/- National Insurance Company Limited, MACT Cell, 751 Mount Road, Sd/- III Floor, Chennai - 600 002.

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(CS III) //True Copy// Sub Assistant Registrar

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, VI 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 C.M.A.No.1593 of 2015 pa[co] srg 22/01/2016