D.Gajendran v. P.Vasu

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat- II organised by the High Court Legal Services Committee Wednesday, the 22nd day of June, 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by Hon'ble Mr.JUSTICE S.K.KRISHNAN(Retd.) and Members Mr.K.Ramasamy Dr.R.Gowri C.M.A No. 865 of 2011 (Against the Judgement and decree passed on 13.10.2009 in M.C.O.P.No.3492 of 2007 on the file of the Motor Accident Claims Tribunal(III Judge, Court of Small Causes), Madras). D.Gajendran .. Appellant Vs.

1.P.Vasu (exparte before Lower Court) 2.United India Insurance Company Ltd., now operating from Silingi Building, No.134, Greames Road, Chennai 600 006.

.. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.G.Balaji Prasad, learned counsel for the appellant and Mr.P.Sankara Narayanan, learned counsel for the 2nd 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.1,53,000/- with interest at the rate of 9.5% per annum, from the date of petition, till the date of deposit and costs as compensation. 2.Aggrieved by the award passed by the Tribunal, the appellant/claimant has preferred the present appeal for enhancement of compensation. After due deliberation and consultation, both sides agreed for further sum of Rs.2,00,000/-(Rupees two lakhs only) in full quit over and above the amount awarded by the Tribunal as compensation.

3.The 2nd respondent/Insurance Company is directed to deposit the award amount of Rs.2,00,000/- in full quit over and above the amount awarded by the Tribunal, within a period of six weeks, from the date of receipt of a copy of this order, less the amount already deposited if any. On such deposit, the appellant/claimant is entitled to withdraw the same, after deducting the amount, if any, already withdrawn by him.

4.The Tribunal is directed to issue the cheque to the party by name D.Gajendran, on proper identification, in accordance with the terms of the award, without insisting on any formal petition (Cheque petition).

The Civil Miscellaneous Appeal is disposed of accordingly. Sd/- Sd/- D.Gajendran Counsel for the Appellant Sd/- United India Insurance Company Ltd., now operating from Silingi Building, No.134, Greames Road, Sd/- Chennai 600 006.

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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ari

To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, III Judge, 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 SNS(CO) EU(01/07/2016) C.M.A No. 865 of 2011