Madras High CourtCMA/2544/2021settled before the lokadalats

E.Polur Ramaiah v. M.Vijayalakshmi

2023-06-10Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June, 2023 NATIONAL LOK ADALAT (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

1. Mr. Cibi Vishnu, Advocate

2. Mr. K.Balasubramaniyan, District Judge (Retd.) C.M.A.No.2544 of 2021 This Civil Miscellaneous Appeal is filed against the order made in M.C.O.P. No.3215 of 2013 dated 23.07.2018 on the file of the Motor Accident Claims Tribunal / Special Sub Court No.2 to deal with MCOP cases, Small Causes Court, Chennai.

E.Polur Ramaiah .. Appellant Vs.

1.M.Vijayalakshmi 2.Reliance General Insurance Co.Ltd., 6th Floor, 6, Haddows Road, Chennai-600034.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mrs.Ramya V.Rao, the learned counsel for the appellant and Mrs.C.Bhuvana Sundari, the 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:

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TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.6,60,500/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the claimant / appellant had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) in full quit (inclusive of interest) over and above the tribunal award.

3. The second respondent / Insurance Company shall deposit the award amount less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant / appellant is permitted to withdraw the entire award amount, without insisting on a formal payment out petition. Award is modified 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. Consequently, the connected miscellaneous petition, if any, is closed.

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5. This Civil Miscellaneous Appeal is disposed of accordingly. E.Polur Ramaiah Counsel for the Appellant Reliance General Insurance Co.Ltd., 6th Floor, 6, Haddows Road, Chennai-600034.

Counsel for the third respondent This Lok Adalat award is passed in terms of the above settlement. The 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 3/4

P.B.BALAJI, J.

Anu To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal / Special Sub Court No.2 to deal with MCOP cases, Small Causes Court, 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 C.M.A.No.2544 of 2021 10.06.2023 4/4