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Madras High CourtCMA/709/2023settled before the lokadalats

Kathiravan v. Munirathinam

2024-06-08Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.M.Sambasivam District Judge (Retd.) Mr.K.Ethirajalu Advocate C.M.A.No.709 of 2023 (Appeal against the judgment and decree passed on 14.12.2022 made in M.C.O.P.No. 606 of 2017 on the file of the Motor Accident claims Tribunal, Additional District Judge, (Fast Track Court), Vellore. Kathiravan .. Appellant Vs.

1.Munirathinam 2.The Manager (T.P.Claim), Bajaj Allianz General Insurance Co.Ltd., Having office at, No.497/498, 5th Floor, Isana Kattima Building, Poonamallee High Road, Arumbakkam, Chennai - 600 106.

(No relief sought against the 1st respondent. Hence notice may be dispense with).

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Sivakumar and the learned counsel for the respondent No.2

Mr.R.V.Sivaraj, is 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 Tribunal has awarded a sum of Rs.1,66,154/- with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. After due deliberation and consulation, both the parties have agreed to the settle the award amount as Rs.80,000/- with interest 7.5% over and above the award passed by the tribunal as compensation and the same is awarded accordingly. Pay and recovery order pased by the Tribunal is confirmed.

4. The appellant is entitled to withdraw the enhanced amount now awarded by this Court.

5. The 2nd respondent/Insurance Company is directed to deposit the award amount, now ordered after deducting any amount already deposited, within a period of eight weeks from the date of receipt of a copy of this order. Award is passed accordingly.

6. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

7. The appeal is ordered accordingly.

Kathiravan Counsel for the appellant The Manager (T.P.Claim), Bajaj Allianz General Insurance Co.Ltd., Having office at, No.497/498, 5th Floor, Isana Kattima Building, Poonamallee High Road, Arumbakkam, Chennai - 600 106.

Counsel for the respondent 2 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, Additional District Judge, (Fast Track Court), Vellore.

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. K.GOVINDARAJAN THILAKAVADI, J.

vsn/jas C.M.A.No.709 of 2023 08.06.2024