Ramadev v. K. Karthick
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of February 2023 NATIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE T.V.THAMILSELVI and Members
1. Mr. P.Rosiah, District Judge (Retd)
2. Mrs.A.Veeramarthini C.M.A.No.375 of 2022
1. Ramadev
2. Selvakumar
3. Sasikala
4. Shanthi
5. Saritha
6. Saranya
7. Sabitha ... Appellants Vs
1. K.Karthick
2. The Divisional Manager The New India Assurance Co Ltd., II Floor, Arcot Woodlands Complex, No.1, Bharathi Road, Cuddalore-607001. ... Respondents (1st respondent remained exparte before the tribunal) This Civil Miscellaneous Appeal has been filed against the Award in M.C.O.P. No.1056 of 2020 dated 09.11.2021 on the file of the Motor Accidents Claims Tribunal/1st Additional District and Sessions Judge, Cuddalore. This case came up for settlement before the Lok Adalat. Both the parties are present. Ms.Ramya V.Rao,learned counsel for the Appellants, Mr.C.Ramesh Babu, learned Advocate 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.7,75,780/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellants have preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.4,00,000/- (Rupees Four lakhs only) along with interest 7.5% for the enhanced amount of Rs.4,00,000/- from the date of filing petition, besides they have not received the trial court award amount before the trial court.
3. The second respondent/Insurance company shall deposit the enhanced award amount of Rs.4,00,000/- (Rupees Four lakhs only) along with interest 7.5% (including interest and costs) for the enhanced amount of Rs.4,00,000/- from the date of filing petition, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.
4. On such deposit being made, the the claimants/appellants are permitted to withdraw a entire award amount in the same proportion made by the lower court along with interest, in full quit, before the Tribunal without filing any formal petition. The Award is passed accordingly.
5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
6. This Civil Miscellaneous Appeal is disposed of accordingly.
1. Ramadev
2. Selvakumar
3. Sasikala
4. Shanthi
5. Saritha
6. Saranya
7. Sabitha Counsel for Appellants The Divisional Manager The New India Assurance Co Ltd., II Floor, Arcot Woodlands Complex, No.1, Bharathi Road, Cuddalore-607001.
Counsel for 2nd respondent 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
T.V.THAMILSELVI, J.
Vv Copy to:
1. The 1st 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 VV C.M.A.No.375 of 2022 11.02.2023