M.Sujatha v. G.Revathi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members:

Mr.K. Paramaraj Mr.N. Dhanasekaran C.M.A. No.2397 of 2019 (Appeal against the Judgment and decree passed on 04.07.2018, in M.C.O.P.No.5756 of 2015 on the file of the Special Sub Judge-I, (Motor Accidents Claims Tribunal), Chennai.

M. Sujatha ...

Appellant Vs 1.G. Revathi

2. TATA AIG General Insurance Co. Ltd.

Regional Office: Commander in Chief Road, Egmore, Chennai - 600 105. ...Respondents (R1 remained set Ex-parte) This case is taken up for settlement before the National Lok Adalat even though the case is not listed. Both the parties are present. Mr.R. Kalai Arasan, learned counsel for appellant is present and Mr.S. Manohar, 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.1,85,400/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation, for the injury sustained by the appellant. Challenging the said award, the appellant/Claimant has preferred the present appeal. 2.Both the parties are present before us. After due deliberation and consultation, both the parties have agreed to settle the claim for a sum of Rs.4,00,000/- (Rupees Four Lakhs only) in full quit which is over and above of the award passed by the Tribunal.

3. The Insurance Company is directed to deposit the award amount within a period of Six weeks from the date of receipt of a copy of this order after deducting the amount already deposited if any.

4. On such deposit, the claimant/Appellant is permitted to withdraw the award amount without filing any formal petition. 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.

M. Sujatha Counsel for the Appellant TATA AIG General Insurance Co. Ltd.

Regional Office: Commander in Chief Road, Egmore, Chennai - 600 105.

Counsel for the 2nd respondent This National 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 To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Sub-ordinate Judge, Tiruttani. 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

Mr.JUSTICE MALAISUBRAMANIAN (Retd.) lbm C.M.A. No.2397 of 2019 13.07.2019