Narayanan v. C. Ranganathan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of February, 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE RMT. TEEKAA RAMAN and Members:

Mr.A.K.Annamalai Mr.R.Prathap Kumar C.M.A.No.2002 of 2014 (Appeal against the award and decree passed on 12.12.2013 in MCOP.No.1066 of 2012 on the file of the Motor Accidents Claims Tribunal, (VI Small Causes Court), Chennai.

Narayanan .. Appellant Vs.

1.

C.Ranganathan 2.

New India Assurance Company Ltd., Motor Third Party Claims No.45, Moore Street, 5th Floor, Parrys, Chennai-1.

...Respondents

This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadha Kamaraj, learned counsel for the appellant and Mr.N.Venkataraman, 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.1,48,000/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.81,000/- (Rupees Eight One Thousand Only) in full quit inclusive of interest and costs as compensation, in addition to the award amount passed by the Tribunal.

3. It is represented that the amount awarded by the Tribunal had already been deposited and the appellant / claimant has also withdrawn the same.

4. The second respondent / Insurance Company is directed to deposit the enhanced award amount of Rs.81,000/- in full quit within a period of eight weeks from the date of receipt of a copy of this award.

5. On such deposit, the appellant / claimant is permitted to withdraw the enhanced award amount, without filing any formal petition. The Award is passed accordingly.

6. 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. Narayanan Counsel for the Appellant 1.

C.Ranganathan Counsel for the 1st respondent 2.

New India Assurance Company Ltd., Motor Third Party Claims No.45, Moore Street, 5th Floor, Parrys, Chennai-1.

Counsel for the 2nd 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. Judge Member Member To :

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, (VI Small Causes Court), 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. +2 copies

RMT. TEEKAA RAMAN,J.

Jrl/mk C.M.A.No.2002 of 2014 10.02.2018