M.Krishnan v. K.Raja

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Members :

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) (Appeal against the judgment and decree passed on 21.01.2020 made in M.C.O.P.No.177 of 2019 on the file of the Special District Judge, Dharmapuri (Motor Accidents Claims Tribunal).

M.Krishnan ... Appellant

Versus

1.K.Raja 2.New India Assurance Co.Ltd., Rep.by its Branch Manager No.4/46, Morappur Main Road Karmangalam Town & Taluk Dharmapuri 635 111.

... Respondents 1/5

This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Udhayakumar, the learned Counsel for the Appellant and Mrs.C.Sangamithirai, the learned Counsel for the second 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 Both the parties and their respective counsel are present.

2. The appellant/claimant has challenged the award made in MCOP.No.177 of 2019 awarding a sum Rs.7,12,500/- with further interest. The entire amount along with accrued interest has already been deposited by the second respondent/ Insurance Company and the same is withdrawn by the appellant/claimant.

3. Now over and above the award amount, the parties have arrived at a compromise by which the second respondent/Insurance Company, has agreed to deposit a sum of Rs.1,70,000/- (Rupees One Lakh and Seventy Thousand Only) within a period of 8 weeks from the date of receipt of a copy of this order, which will be of full quit.

2/5

4. On such deposit, the appellant/claimant will be entitled to withdraw the same. The Tribunal shall disburse the said amount to the claimant without insisting of a formal application and only upon verification of the identity of the parties.

5. The Civil Miscellaneous Appeal is disposed of accordingly. No costs.

M.Krishnan ..Counsel for the Appellant 1.K.Raja 2.New Indian Assurance Co.Ltd., Rep.by its Branch Manager No.4/46, Morappur Main Road Karmangalam Town & Taluk Dharmapuri 635 111.

..Counsel for the Respondents 3/5

This National Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties 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. Judge Member Member To: The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal (The Special District Judge, Dharmapuri).

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. +7 copies jer/dna 4/5

D.Bharatha Chakravarthy, J.

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