Poovarasan v. Venkatesh

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of September, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and Members Mrs. V.Ahalya, District Judge (Retired) Mrs. D.Sathya, Advocate C.M.A.No.736 of 2023 (Appeal against the Judgment and Decree passed on 14.11.2022 in MCOP.No.7715 of 2016 on the file of the Motor Accidents Claims Tribunal, VI Judge, Court of Small Causes, Chennai) Poovarasan ...Appellant/Petitioner Vs.

1.Venkatesh 2.The Manager, United India Insurance Co. Ltd., Motor Third Party Hub, Silingi Building, 4th Floor, No.134, Greams Road, Chennai - 600 006.

...Respondents/Respondents

On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mrs.Ramya V.Rao, learned counsel for the appellant and Ms.M.Nithya, leaned counsel for the first respondent and Mr.D.Baskaran, learned counsel for the second respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

1/4

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.33,26,800./- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/claimant has preferred the present appeal.

2.After due deliberation and consultation, both the parties have agreed to settle the appeal for a consolidated sum of Rs.36,00,000/- (Rupees Thirty Six Lakhs only), in full quit.

3.When the appellant filed the appeal, he was a minor, therefore, the mother's account has been presented. Therefore, the second respondent/Insurance Company will deposit the sum of Rs.36,00,000/- (Rupees Thirty Six Lakhs only) to the credit of the MCOP on the appellant furnishing his current bank account, who is now a major. Further, the second respondent is directed to deposit the above said amount of Rs.36,00,000/- (Rupees Thirty Six Lakhs only), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the said amount, as per the apportionment, as ordered by the Tribunal, without filing any formal petition. The Award is passed accordingly. 4.The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned 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. 2/4

Poovarasan Counsel for the Appellant Venkatesh Counsel for the 1st Respondent United India Insurance Co. Ltd., Motor Third Party Hub, Silingi Building, 4th Floor, No.134, Greams Road, Chennai - 600 006.

Counsel for the 2ndRespondent This Lok Adalat award is passed in terms of the above settlement. The full 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 Tsg To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, VI Judge, Court of Small Causes, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies 3/4

V. LAKSHMINARAYANAN Tsg C.M.A.No.736 of 2023 09.09.2023 4/4