Madras High CourtCMA/1864/2015settled before the lokadalats

V.Vimal v. Ramesh

2018-02-12Honourable Mr Justice A.Ramamurthi (Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 12th day of February 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.) and Members Mr. P.Duraishanmugam Mrs.R.Vijaya Kamala C.M.A.No.1864 of 2015 (Appeal against the judgment and decree dated 10.10.2014 made in M.C.O.P.No.591 of 2012 on the file of the Motor Accidents Claims Tribunal, II Additional District Court, Poonamallee.

V.Vimal .. Appellant/Petitioner Vs.

1.Ramesh

2. Bharathi AXA General Insurance Company Ltd., Chennai - 600 002.

.. Respondents/Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.M.Sivakumar, learned counsel for the appellant and Mr.S.Arun Kumar 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.1,45,320/- with interest at 7.5% per annum from the date of filing of petition. 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for the appellant/claimant that the award amount has already been deposited before the Tribunal and the same has been withdrawn by the claimant / appellant.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.80,000/- (Rupees Eighty 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 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.

-s/d- -s/dV.Vimal .. Counsel for the Appellant -s/dBharathi AXA General Insurance Company, -s/dChennai - 600 002. ..Counsel for 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.

-s/dJudge -s/d- -s/d- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Copy to:

1.The Motor Accidents Claims Tribunal, II Additional District Court, Poonamallee.

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.1864 of 2015 sr(co) aa23/03/2018