D.Lakshmi v. V.Murugan

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 J.SATHYA NARAYANA PRASAD and Members Mr.Balasubramanian, District Judge (Retd) Mr.Kumaraguru, Advocate CMA No.3122 of 2019 Appeal against the Judgment and decree dated 24.09.2018 passed in M.C.O.P.No.7103 of 2015 on the file of the Motor Accidents Claims Tribunal Judge, (Chief Small Causes Court), Chennai.

1. D.Lakshmi

2. S.Uma

3. D.Sundarraj

4. S.Valliammal (Died) ...Appellants Vs.

1. V.Murugan

2. Reliance General Insurance Company Limited., Chennai - 600 006.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.M.Sivakumar, 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.5,84,800/- 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 appellants/claimants had preferred the present appeal.

2. After due deliberation and consideration, both the parties have agreed to enhance the amount of a sum of Rs.3,75,000/- in addition to the amount of Rs.5,84,800/- 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.3,75,000/- (Rupees Three Lakhs Seventy Five 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. The Fourth appellant/claimant died in pending appeal. The enhanced amount, the first appellant/claimant is entitled for a sum of Rs.2,25,000/-. The second appellant/claimants is entitled for a sum of Rs.75,000/-. The third appellant/claimant is entitled for a sum of Rs.75,000/.

5. On such deposit, the appellants 1 to 3/claimants are permitted to withdraw the modified enhance amount without filing any formal petition. Award is passed accordingly.

6. 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.

1. D.Lakshmi

2. S.Uma

3. D.Sundarraj

4. S.Valliammal (Died) Counsel for the Appellants Reliance General Insurance Company Limited., Chennai.

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, (Chief 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

J.SATHYA NARAYANA PRASAD.J., kmm/dpq CMA.No.3122 of 2019 08.07.2023