Kanniyappan v. K.Silambarasan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June 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 V. LAKSHMINARAYANAN and Members Mr. M.Sambasivam, District Judge (Retired) Ms.C.P.Kavitha Renjini, Advocate C.M.A.No. 1477 of 2025 (Appeal against the Judgment and Decree passed on 28.08.2023 in M.C.O.P.No.24 of 2020 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Palacode) Kanniyappan S/o.Kaliyappan ...Appellant/Petitioner Vs.

1.K.Silambarasan 2.The Oriental Insurance Company Limited, Rep.by its Branch Manager, No.94, 3rd Floor, Jawaharlal Nehru Road 100 feet road, Vadapalani, Chennai-600 026.

...Respondents/Respondents

On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Udhayakumar, learned counsel for the appellant and Mr.J.Chandran, 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: 1/3

TERMS OF SETTLEMENT The claimant had originally sought for a sum of Rs.15,00,000/-. The Tribunal had passed an award of Rs.17,72,128/- with interest at 7.5% per annum from the date of petition till the date of realisation. As the claimant had restricted his claim to a sum of Rs.15,00,000/-, the Tribunal had decreed the claim petition as claimed for. Seeking enhancement, the appellant/claimant had preferred the present appeal for a further sum of Rs.5,00,000/-. 2.After due deliberation and consultation, both the parties have agreed for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in full quit. 3.It is reported by the second respondent/Insurance Company that they had already deposited the entire amount awarded by the Tribunal and the appellant has also withdrawn the same.

4.The second respondent/Insurance Company is directed to deposit the further sum of Rs.5,00,000/- (Rupees Five Lakhs only) within a period of four weeks from the date of receipt of a copy of this award. On such deposit, the claimant/appellant is permitted to withdraw the 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. Kanniyappan Counsel for the Appellant 2/3

The Oriental Insurance Company Limited, Rep.by its Branch Manager, No.94, 3rd Floor, Jawaharlal Nehru Road 100 feet road, Vadapalani, Chennai-600 026.

Counsel for the Respondent No.2 This Lok Adalat award is passed in terms of the above settlement. The full 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 ssb To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Subordinate Judge, Palacode. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies C.M.A.No.1477 of 2025 14.06.2025 3/3