Kala v. Palaniammal

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Sunday, the 26th day of June 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SUNDER MOHAN and Members Mr.K.Balasubramanian Mr. C.K.Chandrasekaran C.M.A.No.2573 of 2021 (Appeal against the judgment and decree passed on 19.02.2019 made in M.C.O.P.No.971/2016 on the file of the Motor Accidents Claims Tribunal /Special Sub Judge, Cuddalore) 1.Kala 2.Rajakumari 3.Senthil @ Senthil Murugan 4.Manimegalai .. Appellants Vs.

1.Palaniammal

2. The Manager, The New India Assurance Co.Ltd., Pondicherry Division Office, TP Claims Hub, 30, JN st., IInd Floor, Pondicherry - 1.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellants Ms.Ramya V.Rao and the learned counsel for the second respondent Mr.T.Jayaraman 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.Both the parties and their respective counsel are present. 2.The Tribunal has awarded a sum of Rs.2,92,750/- with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellants/claimants have preferred the present appeal for enhancement.

4. Now both the parties have agreed to enhance the award by a sum of Rs.5,00,000/-(Rupees Five Lakhs only) (without interest) in addition to the amount ordered by the Tribunal, which is also acceptable to the insurance company.

5. The second respondent Insurance Company is directed to deposit the additional award amount Rs.5,00,000/-(Rupees Five Lakhs only) within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the entire Award amount. The apportionment ordered by the Tribunal is confirmed. Award is passed accordingly.

6.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. 1.Kala

2.Rajakumari 3.Senthil @ Senthil Murugan 4.Manimegalai Counsel for the appellants The Manager, The New India Assurance Co.Ltd., Pondicherry Division Office, TP Claims Hub, 30, JN st., IInd Floor, Pondicherry - 1.

Counsel for the second respondent This National Lok Adalat award is passed in terms of the above settlement.

The 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

To The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal /Special Sub Judge, Cuddalore 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.

SUNDER MOHAN, J vsn/sli C.M.A.No.2573 of 2021 26.06.2022