G. Lakshminarayanan v. Dr. C. Abdul Rahim

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat- II organised by the High Court Legal Services Committee Thursday, the 06th day of August 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Ms.V.Ahalya Ms.P.Vijayalakshmi C.M.A.No.949 of 2014 and M.P.Nos.1 and 2 of 2012 (Appeal against the judgment and decree passed on 13.03.2007 made in M.C.O.P.No.4450 of 2002 on the file of the Motor Accident Claims Tribunal, II Small Causes Court, Chennai) C.Lakshmi Narayanan .. Appellant Vs.

1. Dr.C.Abdul Rahim

2. The New India Assurance Company Limited, No.45, Moore Street, V Floor, Chennai.

.. Respondents (1st respondent was set-expart in the lower court) This case is came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant M/s Anand and Suryas, and the learned counsel for the second respondent Mr.C.Ramesh Babu 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 The appeal in C.M.A.No.949 of 2014 pending on the file of High Court, Madras and preferred against the award passed in the M.C.O.P.No.4450 of 2002 on the file of II Small Causes Court, Chennai has been referred to Lok Adalat for conciliation today.

2. The appellant / claimant, who is the petitioner before the Tribunal is present along with his counsel and the second respondent / New India Assurance Company Limited, Chennai, represented by its Manager, Mr.Prabhakar Rao, and assisted by counsel are present before the Lok Adalat for conciliation today.

3. This is a case of injury. Not satisfied with the award of the Tribunal, the claimant/appellant has preferred the present appeal for enhancement. Now, both the parties

have agreed to a sum of Rs.80,000/- (Rupees Eighty Thousand only) in full quit as additional compensation as against the Tribunal award of Rs.86,000/- with interest at 7.5% p.a. from the date of petition i.e., from 20.12.1998 till the date of payment by the second respondent herein.

4. In view of the compromise arrived at between both the parties, the Lok Adalat hereby declare and decree that the second respondent/ New India Assurance Company Limited, shall pay a sum of Rs.80,000/- (Rupees Eighty Thousand only) in full quit as additional compensation in addition to the award already passed by the Tribunal to the appellant within a period of six weeks from the date of receipt of a copy of this award.

5. The appellant is permitted to withdraw the additional award amount of Rs.80,000/- in full quit and balance amount if any, out of award amount without filing any formal petition before the Competent Court. Award is passed accordingly.

6. The Tribunal is directed to issue the cheque to the party concerned on proper identification by his counsel concerned appearing before the Tribunal, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently connected the Miscellaneous Petitions are closed.

Sd/- Sd/- C.Lakshmi Narayanan Counsel for the Appellant Sd/- The New India Assurance Company Limited, No.45, Moore Street, V Floor, Sd/- Chennai.

Counsel for the Second Respondent This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the appellant 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/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar

To The parties/Advocate concerned Copy to 1.Motor Vehicles Accidents Claims Tribunal, II Small Causes Court, 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) C.M.A.No.949 of 2014 and M.P.Nos.1 and 2 of 2012 lrs co kra 03/11/2015