P.Karthiyamoorthy v. M.Sekar

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 CMA No.2639 of 2021 (Appeal against the judgment and decree passed on 14.11.2018 made in M.C.O.P.No.3387 of 2013 on the file of the Motor Accidents Claims Tribunal/ Special Sub Judge, Cuddalore) P.Karthiyamoorthy .. Appellant Vs.

1.M.Sekar 2.Divisional Manager The New India Assurance Company Ltd., Divisional Office No.1, Bharathi Street, Cuddalore - 607 001.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Ms.Ramya V.Rao and the learned counsel for the second respondent, Mr.T.Jayaraman are present. No appearance for the first respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Both the parties and their respective counsel are present. 2.The Tribunal has awarded a sum of Rs.97,079/-(Rupees Ninety Seven Thousand and Seventy Nine only) 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 appellant/claimant has preferred the present appeal, for enhancement.

4. Now the Appellant has agreed to receive a sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only), (without interest)which is also acceptable to the second respondent in addition to the amount awarded by the Tribunal.

5. The second respondent/Insurance Company is directed to deposit the entire award amount, 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. 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.

P.Karthiyamoorthy Counsel for the appellant Divisional Manager The New India Assurance Company Ltd., Divisional Office No.1, Bharathi Street, Cuddalore - 607 001.

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/ 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/sms CMA No.2639 of 2021 26.06.2022