N. Maheswari v. Priya Jayapramode
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.KUMARESH BABU and Members Mr.N.Balasubramanian, District Judge (Retired) Mrs.S.Jayakumari, Advocate C.M.A.No.319 of 2024 (Appeal against the judgment and decree passed on 20.09.2023 in MCOP No.1901 of 2021 on the file of the Motor Accident Claims Tribunal, II Court of Small Causes Court, Chennai.
N.Maheswari .. Appellant/petitioner Vs 1.Mrs.Priya Jayapramode 2.The Manager, The New India Assurance Co., Ltd., No.223, Bombay Mutual Building, 6th Floor, NSC Bose Road, Chennai - 600 001.
.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Balaji, the learned counsel for the appellant and Ms.A.Salomi 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 This appeal has been filed by the claimant/appellant challenging the award dated 20.09.2023, for a sum of Rs.14,39,600/- (Rupees Fourteen Lakhs Thirty Nine Thousand and Six hundred only) with interest at 7.5% from the date of petition till the date of deposit of compensation and costs.
2. The second respondent/Insurance Company and the learned counsel representing the appellant/claimant are present before the Lok Adalat. The Tribunal has awarded a sum of Rs.14,39,600/- (Rupees Fourteen Lakhs Thirty Nine Thousand and Six hundred only) with interest at 7.5% p.a, from the date of petition till the date of deposit of compensation. Pursuant to the Award, the appellant has deposited the entire amount for a sum of Rs.14,39,600/- and the same has been withdrawn by the appellant/claimant. Aggrieved against the award, the appellant/claimant has preferred the present Appeal for enhancement of the award amount for a further sum of Rs.10,00,000/-. Now the parties have agreed to settle the entire dispute on further payment of Rs.7,00,000/- (Rupees Seven Lakhs only) in full quit.
3. Accordingly, the sum of Rs.7,00,000/- (Rupees Seven Lakhs only) shall be deposited before the Motor Accident Claims Tribunal, II Court of Small Causes Court, Chennai to the credit of MCOP No.1901 of 2021, within a period of four (4) weeks from the date of receipt of a copy of this order. The claimants are entitled to withdraw the same without any formal application.
N.Maheswari Counsel for the
appellant/ Claimant 2.The Manager, The New India Assurance Co., Ltd., No.223, Bombay Mutual Building, 6th Floor, NSC Bose Road, Chennai - 600 001.
Ms.A.Salomi Counsel for Respondent This National 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 Accident Claims Tribunal, II Court of 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. K.KUMARESH BABU, J Gba/pbn C.M.A.No.319 of 2024
08.06.2024