Madras High CourtCMA/1876/2024settled before the lokadalats

G. Narayanan v. G. Gunasekaran

2024-09-14Honourable Mr Justice B. Gokuldas(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) AND Members 1.Mr.M.Jagan, Legal aid counsel 2.Mr.V.Arumugam, District Judge (Rtd) C.M.A.No.1876 of 2024 (Against the award and decree passed on 13.09.2023 made in M.C.O.P.No.1839 of 2017 on the file of the Motor Accidents Claims Tribunal, (V Court of Small Causes), Chennai.

G.Narayanan ... Appellant Vs.

1. G.Gunasekaran

2. United India Insurance Company Limited, Motor Third Party Claim Cell (hub), O.No.40/42, New No.134, 2nd Floor, Siling Building, Greams Road, Chennai-06 ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.K.Varadha Kamaraj and the learned counsel for the 2nd respondent M/s.P.Sankara Narayan 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 Both the parties and their respective counsel are present. 2.The above appeal has been preferred by the claimant challenging the

quantum of amount awarded by the Tribunal.

3.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.4,00,000/- (Rupees Four lakhs only ) over and above the award amount passed by the tribunal and in full quit to the respondent, within a period of six weeks from the date of receipt of a copy of this order.

4.The Insurance Company shall deposit a sum of Rs.4,00,000/-, less the amount already deposited before the Tribunal, if any, within a period of six weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimant shall be entitled to withdraw the award amount as per the ratio of apportionment made by the Tribunal. 5.The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. G.Narayanan Counsel for the Appellant

1. G.Gunasekaran

2. United India Insurance Company Limited, Motor Third Party Claim Cell (hub), O.No.40/42, New No.134, 2nd Floor, Siling Building, Greams Road, Chennai-06 Counsel for the 2nd 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 Accident Claims Tribunal, (V Court of Small Causes), 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

B.GOKULDAS.,J.

Gvn/jai CMA.No.1876 of 2024 14.09.2024