Vasanthkumar v. Saravanan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th 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 V. LAKSHMINARAYANAN and Members Mr. R. Ravindra Bose, District Judge (Retired) Mr. M.Selvaraj, Advocate C.M.A.No.469 of 2024 (Appeal against the Judgment and Decree passed on 28.08.2023 in M.C.O.P.No.3397 of 2017 on the file of the learned Motor Accident Claims Tribunal in the III Court of Small Causes, Chennai) 1.Vasanthkumar 2.Giridharan ...Appellants/Petitioners Vs.
1.Saravanan 2.The United India Insurance Co. Ltd., No.134, Silingi Building, Greams Road, Chennai - 600 006
...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.K.Varadha Kamaraj, learned counsel for the appellant and Mr.D.Bhaskar, learned counsel for the 2nd 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 1/3
Seeking compensation for the death of their mother, the sons initiated the proceeding in M.C.O.P.No.3397 of 2017. They sought compensation for a sum of Rs.13,00,000/- (Rupees Thirteen Lakhs only) together with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.
2. Both the parties agreed that the awarded amount has been deposited and the same has been withdrawn by the claimants. Seeking enhancement by a sum of Rs.8,00,000/- the present appeal has been filed. Pending the appeal, the parties have compromised the matter.
3. After due deliberation and consultation, the parties have arrived at a compromise and have agreed to receive a sum of Rs.4,00,000/- (Rupees Four Lakhs only) in full quit over and above amount awarded by the Tribunal.
4. The 2nd respondent/Insurance company is directed to deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimants/appellants are permitted to withdraw the enhanced amount as per the apportionment fixed by the Tribunal, without filing any formal petition. Award is passed accordingly.
4. 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. 1.Vasanthkumar 2.Giridharan Counsel for the Appellants 2/3
The United India Insurance Co. Ltd., No.134, Silingi Building, Greams Road, Chennai - 600 006 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 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 mkn2 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai 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.469 of 2024 08.06.2024 3/3