Mallika v. Periyasamy

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th 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 Mrs.Justice R.KALAIMATHI AND Members Mr.A.Thanikasalam, District Judge (Retd.) Mrs.K.Kavitha, Advocate C.M.A.No.1108 of 2023 Appeal against the Judgment and Decree in M.C.O.P.No.567 of 2016 dated 14.09.2022 on the file of the Motor Accident Claims Tribunal (Special Sub-Court No.I), Small Causes Court, Chennai.

Mallika ...Appellant Vs.

1.Periyasamy 2.United India Insurance Co.Ltd., No.134, Sillingi Buildings, Greams Road, Chennai - 600 006.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Saravanan, learned counsel for appellant is present. Mr. D. Bhaskaran, learned counsel for the second respondent is present. R1 dispensed with in Court. 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.50,800/- with interest @ 7.5% p.a. from the date of numbering of petition till the date of realisation as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

2. After due deliberation, both the parties have agreed to settle the matter in full quit for the award to a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) in full quit over and above the award amount.

3. The second respondent/Insurance Company is directed to deposit the above said accepted award amount of Rs.75,000/- (Rupees Seventy Five Thousand only), within a period of six weeks from the date of receipt of a copy of this award.

4. On such deposit, the appellant/claimant is permitted to withdraw the amount without filing any formal petition.

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, with out insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is also closed, if any. This Lok Adalat award is passed in terms of the above settlement. The entire 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. Mallika Counsel for the Appellant 2.United India Insurance Co.Ltd., No.134, Sillingi Buildings, Greams Road, Chennai - 600 006.

Counsel for the Respondent Judge Member Member klt

To:

The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal (Special Sub-Court No.I), 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

R.KALAIMATHI,J.

klt C.M.A.No.1108 of 2023 09.03.2024