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Madras High CourtCMA/373/2022disposed of

E.Jayalakshmi v. S.Suresh Babu

2023-02-11Honourable Mr Justice D.Bharatha Chakravarthy4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 11th day of February 2023 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 Member :

Mr. S.Boothanathan (Retd.D.J.) Mrs. S.Sridevi (Advocate) C.M.A.No.373 of 2022 (Appeal against the Judgment and Decree dated 30.11.2021 made in M.C.O.P.No.1677 of 2018 on the file of the Motor Accidents Claims Tribunal, I Additional District and Sessions Judge, Cuddalore.) 1.E.Jayalakshmi 2.Dhanalakshmi 3.Pushpa 4.Thavamanickam ... Appellants

Versus

1.S.Suresh Babu 2.United India Insurance Co. Ltd., Third Party Service Hub, Plot No.35,36,37 AR Plaza, 45 Feet Road, Balaji Nagar Extn.

Saram, Puducherry - 605 011.

... Respondents This case came up for settlement before the Lok Adalat. Mrs.Ramya V.Rao, learned counsel appeared for the appellants. After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT This is an appeal filed by the claimants. The trial Court has awarded a sum of Rs.6,50,704/- along with interest at the rate of 7.5% per annum. After due deliberation and consultation, both parties have agreed for enhancement of the award amount by a sum of Rs.3,40,000/- (Rupees Three Lakhs Forty Thousand only) in full quit, over and above the amount already awarded by the Tribunal as compensation.

2. The award amount of Rs.6,50,704/- along with interest at 7.5% per annum and the additional sum of Rs.3,40,000/- shall be deposited within a period of eight weeks from today. The claimants will be entitled to withdraw the sum on proper identification and verification in accordance with the terms of the award, without insisting on any formal permission petition.

3. In view of the same, the Civil Miscellaneous Appeal stands disposed off. Consequently, the connected miscellaneous petition/s is/are closed, if any. 1.E.Jayalakshmi 2.Dhanalakshmi 3.Pushpa 4.Thavamanickam Counsel for the Appellants

1.S.Suresh Babu 2.United India Insurance Co. Ltd., Third Party Service Hub, Plot No.35,36,37 AR Plaza, 45 Feet Road, Balaji Nagar Extn.

Saram, Puducherry - 605 011.

Counsel for the respondents This 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 2 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, I Additional District and Sessions Judge, 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 dsa

D.Bharatha Chakravarthy,J.

dsa C.M.A.No.373 of 2022 11.02.2023