R.Kubendran v. R. Ananadbabu

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mr.E.V.Chandru Advocate C.M.A.No.825 of 2021 (Appeal against the judgment and decree passed on 06.03.2018 made in M.C.O.P.No.1895 of 2016 on the file of the Motor Accident Claims Tribunal/III Additional District Court, Coimbatore.

1.P.Kubendran 2.K.Selvi .. Appellants Vs.

1.R.Anandbabu 2.R.Murugesan 3.The Manager, Bharti AXA General Insurance (ICICI Lombord), No.965, 2nd Floor, Avinashi Road, Coimbatore.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellants Mr.T.Balachandran and the learned counsel for the third respondent Mr.S.Arunkumar 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 respective counsel are present.

2. The Tribunal has awarded a sum of Rs.5,70,000/-(Rupees Five Lakhs Seventy Thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellants/Claimants have preferred the present appeal, for enhancement. Now the Appellants have agreed to receive a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) in full quit, which is also acceptable to the third respondent/Insurance Company.

4. The third respondent/Insurance Company is directed to deposit the award amount now ordered after deducting any amount already deposited, within a period of twelve weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the Award amount 50% each, after deducting the amount already withdrawn by the claimants, if any. Award is passed accordingly.

5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party 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.P.Kubendran 2.K.Selvi Counsel for the appellants The Manager, Bharti AXA General Insurance (ICICI Lombord), No.965, 2nd Floor, Avinashi Road, Coimbatore.

Counsel for the third respondents.

This National Lok Adalat award is passed in terms of the above settlement.

The 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 To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal/III Additional District Court, Coimbatore. 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.

K.GOVINDARAJAN THILAKAVADI, J.

sp C.M.A.No.825 of 2021 11.03.2023