Madras High CourtCMA/3869/2011settled before the lokadalats

The Divisional Manager v. Mohammed Imran

2017-03-16Honourable Mr Justice J.A.K. Sampathkumar(Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 16th day of March 2017 LOK ADALAT-II AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.A.K. SAMPATH KUMAR (Retd.) and Members Mr.Justin George Mr.Kapoor Chordia C.M.A.No.3869 of 2011 (Appeal against the award and decree passed on 01.08.2011 made in M.C.O.P.No.653 of 2007 on the file of the Motor Accidents Claims Tribunal, I Additional Sub Court, Cuddalore) The Divisional Manager, New India Assurance Co. Ltd., No.1, Bharathi Road, Cuddalore- 637 001.

... Appellant Vs.

1. Mr.Mohammed Imran

2. Mr.B.Mahesh Kumar ... Respondents (2nd Respondent set exparte) This case came up for settlement before the Lok Adalat. Both the parties are present. The learned Counsel for the appellant Mr.S.Manohar and the learned Counsel for the 1st Respondent Mr.R.Sreedhar 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.1,77,800/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2 . The applicant has preferred the present appeal challenging the award. After frank and open discussion with both the parties, the dispute has been settled at Rs.1,25,000/- with

interest at the rate of 7.5% p.a. And the same is award accordingly.

3 . It is informed that entire award amount by the Insurance company is deposited and the 1st respondent/claimant is entitled to withdraw the modified award amount without filing any formal application. The Insurance company is entitled to withdraw the balance award amount if any without filing any formal application. The Civil Miscellaneous Appeal is disposed of accordingly. No Costs. Consequently, the Civil Miscellaneous Petition is closed.

Sd/- The Divisional Manager, New India Assurance Co. Ltd., No.1, Bharathi Road, Sd/- Cuddalore- 637 001.

Counsel for Appellant Sd/- Sd/- Mohammed Imran Counsel for the 1st Respondent 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/- Assistant Registrar //True Copy// Sub Assistant Registrar

To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal, I Additional Sub-Court, Cuddalore.

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.3869 of 2011 PA(CO) VR(8/5/2017)