Venda v. Sasi Kumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th September 2024 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.J.Justin David, District Judge (Retd.) Mr.M.R.Surya Kumar, Advocate CMA.No. 510 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.4516 of 2018 dated 25.07.2019 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai).

1.Venda 2.Jothi 3.Arun ...Appellants Vs 1.Sasi Kumar 2.Reliance General Insurance Co. Ltd., No.6, Haddows Road, Reliance House, 6th Floor, Nungambakkam Chennai - 600 006.

...Respondents

With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present. Ms.M.Malar, learned counsel for the appellants and MrsC.Bhuvanasundari, learned counsel for the 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 Both the parties and their counsel are present.

2. The claimants have preferred the appeal, aggrieved against the award amount of Rs.9,75,000/- with interest.

3. Now both the parties agreed to enhance the award with additional amount of Rs.7,50,000/- (Rupees Seven lakhs Fifty thousand only) in full quit, inclusive of interest.

4. The Insurance Company is directed to deposit the enhanced award amount within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are entitled to withdraw the enhanced award amount equally. If the Insurance Company failed to deposit the enhanced award amount within the time stipulated, the claimants are entitled to claim interest at 7.5% per annum from the date of default.

5. On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the claimant's bank account on proper identification of them, in accordance with the terms of the award, without insisting on any formal petition.

6. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions, if any, are closed.

1.Venda 2.Jothi 3.Arun Counsel for the Appellants 1.Sasi Kumar 2.Reliance General Insurance Co. Ltd., No.6, Haddows Road, Reliance House, 6th Floor, Nungambakkam Chennai - 600 006.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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/Chief Judge, Court of Small Causes, 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

A.RAMAMURTHI, J. (Retd.) dpa CMA.No. 510 of 2023 14.09.2024