V.Anjalatchi v. V.Sivamani
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.HEMALATHA and Members Mr.V.Arumugam, District Judge (Retd) Mrs.V.Alamelu, Advocate CMA No.793 of 2022 (Appeal against the judgment and decree passed on 23.12.2021 made in M.C.O.P.No.185 of 2019 on the file of the Motor Accidents Claims Tribunal/ Sub Court, Panruti) 1.V.Anjalatchi 2.V.Sivanantham 3.V.Sivakumari 4.S.Kuppayi .. Appellants Vs.
1.V.Sivamani 2.Divisional Manager, The New India Assurance Co. Ltd., No.179, JN Road, 3rd Floor, Puducherry - 605 001 .. 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 second respondent/Insurance Company 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 MCOP No.185/2019 was filed by the legal heirs of the deceased Vetrivel who died in a road accident that took place on 21.02.2019 and the claimants had filed the petition claiming a compensation of Rs.25,00,000/- together with interest @ 18% p.a. The learned Judge, Motor Accidents Claims Tribunal, Sub Court, Panruti, had awarded a sum of Rs.15,16,250/- together with interest @ 7.5% per annum. Agrrieved over the same, the present Civil Miscellaneous Appeal is filed by the claimants.
2. Now the Appellants have agreed to receive a sum of Rs.5,00,000/- with interest @ 7.5% p.a. in addition to the award amount of Rs.15,16,250/- passed by the Tribunal.
3.It is represented that fourth appellant died on 18.04.2022 and her share may be given to the appellants 1 to 3 equally. A memo to that effect is filed and recorded.
4. The second respondent/Insurance Company is directed to deposit a sum of Rs.5,00,000/- with 7.5% interest per annum, along with the award amount of Rs.15,16,250/- with 7.5% interest per annum passed by the Tribunal within a period of six weeks from the date of receipt of a copy of this order. On such deposit, being made the claimants are permitted to withdraw the settled amount along with the award amount passed by the Tribunal. Award is passed accordingly.
5.The Tribunal is directed to issue the cheque 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.
1.V.Anjalatchi 2.V.Sivanantham 3.V.Sivakumari 4.S.Kuppayi (Died) Counsel for the appellants
Divisional Manager, The New India Assurance Co. Ltd., No.179, JN Road, 3rd Floor, Puducherry - 605 001 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/Sub Court, Panruti. 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.
R.HEMALATHA, J mtl CMA No.793 of 2022 12.11.2022