Mangavaram W/O Annamalai v. Poondi S/O Arumugam,
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2019 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.M.Sambasivam Mr.T.R.Ravi C.M.A.No.1900 of 2016 (Appeal against the judgment and decree dated 27.03.2014 made in M.C.O.P.No.563 of 2010 on the file of the Motor Accident Claims Tribunal, III Additional District Judge, (FAC), Puducherry. Mangavaram ... Appellant /versus/
1. Poondi [set ex-parte in tribunal hence given up]
2. The Branch Manager, United India Insurance Co.Ltd., P.B.No.172, No.261 J.N.Street, Puducherry.
... Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.R.Sreedhar, learned counsel for appellant and M.B.Vijayaraghavan, learned 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.2,40,200/- with interest at the rate of 7.5% per annum from the date of filing petition till the date of deposit. Aggrieved by the said compensation, the appellant/ claimant has preferred the present appeal for enhancement of compensation.
2. After due deliberation and consultation, both the parties agreed to enhance the award of the Tribunal by a sum of Rs.1,35,000/- (Rupees One Lakh and Thirty Five Thousand Only)(over and above the award amount) in full quit.
3. The second respondent Transport Corporation is directed to deposit the enhanced award amount arrived at today 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.563 of 2010 on the file of the III Additional District Judge (FAC), Puducherry, failing which, the second respondent shall deposit the enhanced award amount with simple interest at the rate of 7.5% 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. Mangavaram Counsel for the Appellant The Branch Manager, United India Insurance Co.Ltd., P.B.No.172, No.261 J.N.Street, Puducherry.
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
M.DHANDAPANI,J.
mp To:The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, III Additional District Judge, (FAC), Puducherry. 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.1900 of 2016
14.09.2019