R.M. Kumar v. A.G. Devamani Proprietor

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 29th day of October, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI(Retd.) and Members Mr.P.Subburaj Mr.R.Gandhimathi C.M.A.No.2204 of 2014 (Appeal against the judgment and decree dated 26.08.2013 made in M.C.O.P.No.72 of 2012 on the file of the Motor Accidents Claims Tribunal, Tiruchengode) R.M.Kumar .. Appellant/Petitioner Vs.

1.A.G.Devamani, Proprietor, (ex-parte before the Tribunal) M/s Valli bus service, No.188, Periakadu, Pudupalayam, Tiruchengode Taluk, Namakkal District.

2.The New India Assurance Company Limited, 66, C North Car Street, Tiruchengode.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.Paraneedharan and the learned counsel for the 2nd respondent Mr.K.Padmanaban 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 Both parties and their respective counsel are present. The Tribunal has awarded a sum of Rs.34,129/- with interest at 7.5% per annum from the date of numbering the petition till the date of realisation.

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.75,000/- (Rupees Seventy Five Thousand only ) in full quit (inclusive of interest) over and above the amount awarded by the Tribunal.

3. The second respondent / New India Assurance Company is directed to deposit the original award amount and enhanced award amount of Rs.75,000/- in full quit within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the appellant /claimant is entitled to withdraw the enhanced award amount of Rs.75,000/- in full quit (inclusive of interest) without filing any formal petition. The Award is passed accordingly.

5.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.

Sd/- Sd/- R.M.Kumar Counsel for the Appellant Sd/- The New India Assurance Company Limited, 66,C North Car Street, Sd/- Tiruchengode.

Counsel for the 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 21 r/w 25 of LSA Act 1987 as amended in 1994. Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar adl

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, the Motor Accidents Claims Tribunal, Tiruchengode. 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 C.M.A.No.2204 of 2014 GJ(CO) Eu 22.12.15