Madras High CourtCMA/581/2024settled before the lokadalats

Kulothungan v. R. Manohar

2024-06-08Honourable Mr Justice V. Lakshminarayanan4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June, 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 V. LAKSHMINARAYANAN and Members Mr. R. Ravindra Bose, District Judge (Retired) Mr. M.Selvaraj, Advocate C.M.A.No.581 of 2024 (Appeal against the Judgment and Decree passed on 23.06.2023 in M.C.O.P.No.4396 of 2014 on the file of the Motor Accidents Claims Tribunal (Special Sub Court 1, Motor Accidents Claims Petition) Small Causes Court, Chennai.

Kulothungan ...Appellant/Petitioner Vs.

1. R.Manohar

2. United India Insurance Co.Ltd., Third Party Hub, Silingi Building, No.134, Greams Road, Murugesanaicker Street, Chennai - 600 006.

...Respondents/Respondents

On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.V.Muthu Visakan, learned counsel for the appellant and Mr.S.Arun Kumar, 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 1/4

The Tribunal has awarded a sum of Rs.1,07,000/- with interest at 7.5% per annum from the date of petition till the date of realization and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/Claimant had preferred the present appeal.

2. The learned counsel appearing on either side submitted that the compensation amount of Rs.1,07,000/- has been deposited together with interest by the Insurance Corporation and the same has been drawn by the appellant.

3. Pending Appeal, the parties have settled the matter between themselves and they have agreed for a sum of Rs.75,000/- as full quit over and above the compensation amount awarded by the Tribunal.

4. The appellant/claimant is present and agreed to receive a sum of Rs.75,000/- as full quit over and above the compensation amount awarded by the Tribunal.

5.The 2nd Respondent / Insurance Company is directed to deposit a sum of Rs.75,000/- (Rupees seventy five thousand only) within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant/appellant is permitted to withdraw the amount, without filing any formal petition. Award is passed accordingly. 6.The Tribunal is directed to transfer the amount through RTGS/NEFT to 2/4

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. Kulothungan Counsel for the Appellant

1. R.Manohar

2. United India Insurance Co.Ltd., Third Party Hub, Silingi Building, No.134, Greams Road, Murugesanaicker Street, Chennai - 600 006.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full 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 vum To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (Special Sub Court 1, Motor Accidents Claims Petition) Small Causes Court, Chennai. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies V. LAKSHMINARAYANAN,J.

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vum C.M.A.No.581 of 2024 08.06.2024 4/4