D.Ramachandran v. J.Shankar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of September, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.A.Manivasakan, District Judge (Retd) Mrs.V.Ambika, Advocate C.M.A. No.455 of 2025 Appeal against the Judgment and decree dated 25.04.2024 passed in M.C.O.P.No.3184 of 2010, on the file of the III Court of Small Causes, Chennai, (Motor Accidents Claims Tribunal).

D.Ramachandran ...Appellant Vs.

1.J.Shankar 2.The National Insurance Co.Ltd., No.751, Anna Salai, Chennai - 600 002.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.K.Varadha Kamaraj learned counsel for appellant and Mrs.R.Sree Vidhya, learned counsel for the second respondent are 1/5

present before this Court. Notice to the first respondent is dispensed with. 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 claimant who suffered injuries in the motor accident filed M.C.O.P.No.3184 of 2010, on the file of the III Court of Small Causes, Chennai, (Motor Accidents Claims Tribunal) and the Tribunal has awarded a sum of Rs.2,68,800/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

2. In the present appeal, the claimant seeks enhancement of compensation. After due deliberation and consultation, both the parties have amicably reached the settlement over and above awarded by the Tribunal. The second respondent has agreed to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) over and above the award amount of Rs.2,68,800/-, of the Tribunal in full quit without interest as compensation.

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3. The second respondent Insurance Company is directed to deposit the above said accepted enhanced award amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full quit without interest, within a period of six weeks from the date of receipt of a copy of this award. It is also brought to the our notice that the amount awarded by the Tribunal has been deposited and the same was withdrawn by the claimant.

4. On such deposit, the claimant/appellant is permitted to withdraw the settlement amount without filing any formal petition. 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. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any. D.Ramachandran Counsel for the Appellant The National Insurance Co.Ltd., No.751, Anna Salai, Chennai - 600 002.

Counsel for the second respondent 3/5

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 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The III Court of Small Causes, Chennai, (Motor Accidents Claims Tribunal).

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 sli/sms 4/5

P.B.BALAJI.J sli/sms CMA No.455 of 2025 13.09.2025 5/5