Rajakumari v. Anandha

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th September 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE M.V.MURALIDARAN and Members:

Mr.A.Manivasakan District Judge (Retd.,) Mr.M.Damodharan C.M.A.No. 1548 of 2018 (Appeal against the Judgment and decree passed on 26.06.2014 in M.C.O.P.No.5701 of 2011 on the file of the Motor Accidents Claims Tribunal (V Judge, Small Causes Court),Chennai. R.Sakunthala .. Appellant /vs/ 1.S.Chandran 2.United India Insurance Co. Ltd., "Siling Building", No.134, Greams Road, Chennai - 600 006.

..Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.A.Shanmugaraj, learned counsel for appellant/claimant and Mr.S.Arunkumar learned counsel for

second respondent/insurance company 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 Tribunal has awarded a sum of Rs.25,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Not being satisfied with the award of the Tribunal, the appellant/claimant has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed for further amount of Rs.75,000/- over and above the award passed by the tribunal as compensation in full quit (inclusive of interest).

3..The respondent/Insurance Company is directed to deposit the above said enhanced amount of Rs.75,000/- over and above the award passed by the tribunal as compensation in full quit (inclusive of interest), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the award amount, without filing any formal petition. Award is modified accordingly.

4. The Tribunal is directed to transfer the amount through RTGS to the party, 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. R.Sakunthala Counsel for the appellant 2.United India Insurance Co. Ltd., Siling Building", No.134, Greams Road, Chennai - 600 006.

Counsel for the 2nd respondent This National Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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 Accidents Claims Tribunal, V Judge 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

M.V.MURALIDARAN, J.

arr/bri C.M.A.No.1548 of 2018 08.09.2018