United India Insurance Company v. J.Selvaraj, S/O. Late Jayarama

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 4th day of March, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K. GNANAPRAKASAM (Retd.) and Members Mrs.M.Hemalatha Daniel Mrs.R.Janaki C.M.A.No.285 of 2015 (Appeal against the Award and decree passed on 07.08.2014 in O.P.No.903 of 2013 on the file of the Motor Accidents Claims Tribunal (In the II Court of Small Causes), Chennai. United India Insurance Company Ltd., Silingi Building, New No.134, Old No.40/45, Greams Road, Chennai - 6.

... Appellant Vs 1.Selvaraj 2.S.Prabhu (was set ex parte) ... Respondents Though the matter is not listed today, on representation by both the parties this matter is taken up for settlement today. Both the parties are present. The learned Advocate for the appellant, Mr.D.Bhaskaran and Mr.S.Rathinamani the learned Advocate for the first respondent/claimant 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 Tribunal has awarded a sum of Rs.12,39,000/- with interest at 7.5% per annum with cost. The High Court has already directed the appellant/Insurance Company to deposit 50% of the award amount together with proportionate interest and cost and time given is four weeks from the date of receipt of the copy of the order. It is stated that the appellant has not yet received the copy of the order.

2. Now it is settled between the parties that the first respondent/claimant is willing to receive the entire 50% of the award amount together with proportionate interest and cost as directed to be deposited by the High Court.

3. The first respondent is directed to deposit the said amount within six weeks from this date failing which the award amount shall carry 7.5% interest. The first respondent is not entitled to claim any further amount. Award is passed accordingly.

4. 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/ United India Insurance Company Ltd., No.19, Andiappa Gramani Street, Sd/ Royapuram, Chennai - 13.

Advocate for the Appellant Sd/ Sd/ Selvaraj (Advocate for the 1stRespondent) This 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.

Sd/ Judge Sd/ Sd/ Member Member Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims (In the II 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. Prm C.M.A.No.285 of 2015 kk 24/4