M.Bhaskaran v. T.K.Murali

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 03rd day of March 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K. SWAMIDURAI (Retd.) and Members Mr. M.Sundarapandian Mr. M. Sankar C.M.A.No.3262 of 2014 (Appeal against the judgment and decree passed on 28.01.2013 made in M.C.O.P.No.3310 of 2011 on the file of the V Judge, Small Causes Court, Motor Accidents Claims Tribunal, Chennai).

M.Bhaskaran .. Appellant/Petitioner Vs.

1.T.K. Murali 2.Cholamandalam MS General Insurance Co. Ltd., "Dare House" II Floor, NSC Bose Road, Chennai - 600001.

.. Respondents/Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.A.Sekar and the learned counsel for the 2nd respondent Mr.N.Vijayaraghavan 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 The Tribunal has awarded a sum of Rs.83,000/- with interest at 7.5% per annum from the date of petition till the date of deposit. It is represented by the learned counsel for the appellant/claimant that the award amount has already been deposited before the Tribunal and the same has been withdrawn by the claimant / appellant.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for

enhancement. Now, both the parties have agreed to a sum of Rs.60,000/- (Rupees Sixty Thousand Only) in full quit as additional compensation.

3. The second respondent / Insurance Company is directed to deposit the additional award amount within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit, the claimant / appellant is permitted to withdraw the additional award amount without filing any formal petition. The Award is passed accordingly. 5.The Tribunal is directed to issue the cheque 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. sd/- sd/- M.Bhaskaran Counsel for the Appellant sd/- Cholamandalam MS General Insurance Co. Ltd., "Dare House" II Floor, NSC Bose Road, Chennai - 600001.

sd/- Counsel for the 2nd 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 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.

sd/- sd/- Judge sd/- Member Member Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal,V Judge, 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 rsk(co) krd 5/4 C.M.A.No.3262 of 2014