Dhanalakshmi v. U.Manikandan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) AND Members 1.Mr.M.Jagan, Legal aid counsel 2.Mr.V.Arumugam, District Judge (Retd.) C.M.A.No.701 of 2024 (Against the award and decree passed on 03.11.2023 made in M.C.O.P.No.2427 of 2017 on the file of the Motor Accident Claims Tribunal, (V Small Causes Court) at Chennai). 1.Dhanalakshmi W/o.Late Muthu 2.Renuga Devi W/o.Sivakumar 3.Balamurugan (died) S/o.Late Muthu 4.Rajesh S/o.Late Muthu ... Appellants Vs.

1.U.Manikandan (1st Respondent remained exparte in the entire proceedings) 2.United India Insurance Co. Ltd., Silingai Building, No.134, Greams Road, Chennai 600 006 .. Respondents 1/4

This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.R.Dinesh Kumar and the learned counsel for the second respondent Mr.Sankara Narayanan 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 Both the parties and their respective counsel are present. The above appeal has been preferred by the claimants, challenging the quantum of amount awarded by the Tribunal.

2.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.7,00,000/- (Rupees seven lakh only) over and above the amount awarded by the Tribunal, in full quit to the claimants, within a period of six weeks from the date of receipt of a copy of this order.

3.The Insurance Company shall deposit a sum of Rs.7,00,000/-, over and above the amount awarded by the Tribunal, within a period of six weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. 4.On such deposit, the claimants shall be entitled to withdraw the award amount as per ratio of apportionment made by the Tribunal. It is represented that pending Appeal, the third claimant died. As per law the Mother/1st claimant/1st Appellant is the legalheir of the deceased third claimant and therefore, the amount apportioned to the third claimant shall be given to the 1st claimant.

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5.The claimants are permitted to withdraw their respective award amount. The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. 1.Dhanalakshmi, W/o.Late Muthu 2.Renuga Devi , W/o.Sivakumar 3.Rajesh, S/o.Late Muthu Counsel for the Appellant United India Insurance Co. Ltd., Silingai Building, No.134, Greams Road, Chennai 600 006 Counsel for the second 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, (V Small Causes Court) at 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 3/4

B.GOKULDAS.,J.

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