The Divisional Manager v. Thiru R. Harikrishnan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 13th day of February, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.GNANAPRAKASAM (Retd.) and Members Mr. Pugazhendhi Mrs. R. Gowri C.M.A.No.745 of 2014 (Appeal against the Award and decree passed on 05.03.2013 in M.C.O.P.No.226 of 2010 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Kanchipuram).

The Divisional Manager, M/s. New India Assurance Co. Ltd., No.69, 70, Sheikpet Nadu Street, ... Appellant - Vs - 1.R. Harikrishnan 2.S. Simsumara Bhoopathy (R-2 was set ex parte before the Tribunal) ...Respondents On representation of the learned counsel for the appellant, this case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned advocate for the appellant, Mr. J. Chandran and the learned advocate for the first respondent, Mr. Shivakumar 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 Though the matter is not listed today, it is taken up for disposal at the request of the learned advocates for the appellant and the first respondent.

2. The Tribunal has awarded a sum of Rs.7,62,148/- 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 advocate for the appellant that they have deposited only a portion of the award amount before the tribunal.

3. After free and frank discussion with both the parties and their respective advocates, the dispute has been settled at Rs.6,62,148/- (Rupees Six Lakhs Sixty Two Thousand One Hundred and Forty Eight Only) with interest at 7.5% per annum from the date of petition till the date of deposit.

4. The appellant/Insurance Company is directed to deposit the balance of the modified award amount within a period of six weeks from the date of receipt of a copy of the order. On such deposit, the first respondent is permitted to withdraw the modified award amount without filing any formal petition. No costs. Award is passed accordingly.

5. 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/- The Divisional Manager, M/s. New India Assurance Co. Ltd., No.69, 70, Sheikpet Nadu Street, Sd/- Advocate for the Appellant Sd/- Sd/- R. Harikrishnan Advocate for the 1st 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. Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal (Subordinate Judge), 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 gv C.M.A.No.745 of 2014 GR(CO) Eu 24.02.15