Madras High CourtCMA/3601/2014settled before the lokadalats

Arokiyadass v. Govindasamy

2015-04-08Honourable Mr Justice S.Marimuthu (Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 08th day of April, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU (Retd.) and Members Mr.Rosaiah Mr. M. Suresh Kumar C.M.A No. 3601 of 2014 (Appeal against the Award and decree passed on 20.01.2012 made in M.C.O.P.No.70 of 2007 on the file of the Motor Accident Claims Tribunal, Villupuram (Court of the II Additional Subordinate Court) Villupuram).

Arokiyadass ... Appellant /petitioner Vs.

1.Govindasamy 2.United India Insurance Company Limited., ... Respondents/Respondents (R-1 was set ex parte before the tribunal) This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.T. Dhanyakumar and the learned counsel for the second respondent Mr.Paranthaman 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 The Tribunal has awarded a sum of Rs.1,20,000/- with interest at 7.5% per annum from the date of petition till the date of deposit as compensation. It is represented by the learned counsel for the second respondent that they have already deposited the entire award amount in the Tribunal.

Aggrieved against the award of the Tribunal, the appellant/claimant has preferred the present appeal.

3. We also had discussion with both the parties and also examined

the disability certificate issued by the doctor (Lok Adalat) after examining the injured before this forum in our presence.

4. After open and frank discussion with both the parties and their respective counsel, the dispute is settled at Rs. 4,25,000/- with interest at 7.5% per annum from the date of petition till the date of deposit over and above the award of the Tribunal. 5.The Insurance Company is directed to deposit the enhanced award amount within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the same without filing any formal petition. 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.

Sd/- Sd/- Arokiyadass Counsel for the Appellant Sd/- United India Insurance Company Limited., Sd/- Counsel for the 2nd respondent This 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.

To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, (Court of the II Additional Subordinate Court) 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 C.M.A No. 3601 of 2014 PPA(CO) CA(23/07/2015)