Gunasekar v. T.Rani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B. GOKULDAS (Retd.) AND Members Dr.T.Sankaranarayana Pillai, District Judge (Retd.) Mr.S.Gunaseelan, Advocate C.M.A.No.1728 of 2024 (Appeal against the judgment and decree passed on 02.08.2022 made in M.C.O.P.No.561 of 2019 on the file of the Motor Accident Claims Tribunal, V Court of Small Causes, Chennai) Gunasekar ... Appellant/ Petitioner Vs

1. T. Rani

2. United India Insurance Co. Ltd., Third Party Hub, Silinghi Building, IV Floor, No.134, Greams Road, Chennai - 600 006.

... Respondents/ Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr. S. Thambi, learned counsel for the appellant/ claimant and Mrs. V. Pushpa, learned counsel for the second respondent/ insurance company 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.3,99,700/-, with interest at 7.5% per annum, from the date of numbering of petition till the date of realisation. Aggrieved by the award of the Tribunal, the appellant/ claimant had preferred the present appeal.

2.

It is stated that the second respondent / insurance company had already deposited the award amount made by the Tribunal with interest to the credit of M.C.O.P.No.561 of 2019 on the file of the Motor Accident Claims Tribunal, V Court of Small Causes, Chennai and the same has been withdrawn by the appellant/ claimant.

3.

After due deliberation and consultation, both the parties have agreed to settle the award to a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand Only) over and above the award amount of the Tribunal, as full quit compensation.

4.

The second respondent/ insurance company is directed to deposit the amount of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand Only) now arrived today, within a period of six weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.561 of 2019 on the file of the Motor Accident Claims Tribunal, V Court of Small Causes, Chennai. 5.

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.

6.

The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition, if any, stands closed.

Gunasekar Counsel for the Appellant United India Insurance Co. Ltd., Motor Third party claims, Silingi Buildings, IV Floor, No.134, Greams Road, Chennai - 6.

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. Judge Member Member gya/stn

B. GOKULDAS (Retd.) stn To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, V 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.1728 of 2024 14.12.2024