Manimekalai v. A. Arulraj

HIGH COURT LEGAL SERVICES COMMITTEE, HIGH COURT MADRAS National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March, 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 M.JEYAPAUL (Retd.) and Members Mr.G.Dharmaraj, District Judge, (Retd.,) Mr.M.Muthukannan C.M.A.No.39 of 2024 (Appeal against the Award and decree passed on 01.03.2022 in M.C.O.P.No.1815 of 2019 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Salem) 1.Manimekalai 2.V.Sengamalai .. Appellants Vs.

1.A.Arulraj 2.The Oriental Insurance Co. Ltd.

Siva Complex, Sarada College Main Road Salem 3.M.Saravanan 4.New India Assurance Co. Ltd., Sethu Krishna Trade Center Trichy Main Road Gugai, Salem ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mrs.Y.Jayanthi Bhaskar, the Learned counsel for the appellants and Mr.J.Chandran, the 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 Both the parties along with their respective counsel were present. They entered into a negotiation and finally settled the issues arisen between them. They have also filed a Memo of Compromise dated 23.01.2024 before the Lok Adalat. The Trial Court awarded a sum of Rs.11,45,000/- with interest at the rate of 7.5% p.a., payable by the 2nd respondent, the Oriental Insurance Company Ltd., herein. 2.The claimants having aggrieved filed the present appeal before the High Court. Now both the parties compromised the issues arisen between them. The 2nd respondent, the Oriental Insurance Company Ltd., has now agreed to pay a sum of Rs.23,78,000/- with interest at the rate of 7.5% from the date of filing the above C.M.A less the amount already deposited within a period of eight (8) weeks from today. The appellants have accepted the above terms of compromise. 3.In terms of the above compromise arrived at between the parties, the appeal preferred by the appellants stands closed. 1.Manimekalai 2.V.Sengamalai Counsel for the Appellants The Oriental Insurance Co. Ltd.

Siva Complex, Sarada College Main Road Salem 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 Judge Member Member To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal and VI 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.

M.JEYAPAUL. J (Retd), kas C.M.A.No.39 of 2024 09.03.2024