K.Azhaguvel v. Y.Samuel

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of July, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHYA NARAYANA PRASAD and Members Mr.Balasubramanian, District Judge (Retd) Mr.Kumaraguru, Advocate CMA No.1694 of 2021 Appeal against the Judgment and decree dated 24.10.2019 passed in M.C.O.P.No.6832 of 2013 on the file of the Motor Accidents Claims Tribunal Judge, (V Small Causes Court), Chennai.

K.Azhaguvel ...Appellant Vs.

1. Y.Samuel,

2. Reliance General Insurance Company Limited., Plot No.2054, II Avenue, Rai Towers, Anna Nagar, Chennai - 600 040.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, learned counsel for appellants and M/s.C.Bhuvanasundari, learned counsel for the 2nd respondent is 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.3,31,000/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

2. After due deliberation and consideration, both the parties have agreed to enhance the amount of Rs.1,50,000/- in addition to the amount of Rs.3,31,000/- already awarded by the trial court, as full quit without interest as compensation.

3. The Second Respondent Insurance Company is directed to deposit the above said accepted award amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) in full quit without interest, within a period of eight weeks from the date of receipt of a copy of this award.

4. On such deposit, the appellants are permitted to withdraw the modified enhance amount without filing any formal petition. Award is passed accordingly.

5. 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. The connected miscellaneous petition is closed, if any.

K.Azhaguvel Counsel for the Appellant Reliance General Insurance Company Limited., Plot No.2054, II Avenue, Rai Towers, Anna Nagar, Chennai - 600 040.

Counsel for the second 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 1994.

Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal Judge, (V 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

kmm/dpq

SATHYA NARAYANA PRASAD.J., kmm/dpq CMA No.1694 of 2021 08.07.2023