V.P.Jayashankar v. S.Suresh
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th 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 Mr.JUSTICE P. DHANABAL and Members Mr.S.Baskaran District Judge (Retd.) Mr. M. Nallathambi Advocate C.M.A.No.709 of 2024 (Appeal against the award dated 14.12.2023 made in M.C.O.P.No.7349 of 2018 on the file of the Motor Accident Claims Tribunal (III Court of Small Causes), Chennai.
V.P. Jayashankar .. Appellant / Petitioner Vs.
1. S. Suresh S/o. Sivalingam
2. Future General Insurance Company Limited, VBC Solitarie, 9th Floor, 47 and 49, Bazullah Road, T.Nagar, Chennai-600 017. ... Respondents / Respondents
This case came up for settlement before the National Lok Adalat. Appellant and the 2nd respondent are present. The learned counsel appearing for the appellant Mrs. Ramya V Rao and Mr. E. Rajadurai for Mr. M.B. Raghavan, learned counsel for the 2nd respondent 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 Originally, the Tribunal has awarded a total sum of Rs.3,09,100/- to be payable to the respondents with cost and interest at the rate of 7.5% per annum as compensation. The 2nd respondent / insurance company has already deposited the award amount of Rs.3,09,100/- along with interest and the same was withdrawn by the appellant. Aggrieved by the said award amount, the petitioner has preferred the above appeal.
2. After negotiation, the award is as follows: (i) The parties have agreed for a sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy-five Thousand only) over and above the award amount as full and final settlement.
(ii) The 2nd respondent / Insurance company is directed to deposit the entire
award amount within a period of Four (4) weeks from the date of receipt of a copy of this order.
(iii) The appellant / petitiner is at liberty to withdraw the said amount of Rs.2,75,000/- (Rupees Two Lakh Seventy-Five Thousand only) (as full quit) by filing appropriate application before the Tribunal. V.P. Jayashankar.
Counsel for the Appellant
1. S. Suresh S/o. Sivalingam
2. Future General Insurance Company Limited, VBC Solitarie, 9th Floor, 47 and 49, Bazullah Road, T.Nagar, Chennai-600 017. 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 (III 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.
P. DHANABAL.J, mjs C.M.A.No.709 of 2024 08.06.2024