Madras High CourtCMA/654/2021settled before the lokadalats

Iyyapan v. Portia Rani

2023-02-11Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate CMA.No.654 of 2021 (Appeal against the judgment and decree passed in M.A.C.T.O.P.No.6188 of 2013 dated 01.08.2019 on the file of the Motor Accident Claims Tribunal ( II Small Causes Court, Chennai). Iyyappan ... Appellant Vs 1.Portia Rani 2.United India Insurance Co., Ltd., Third Party Hub, Silingi building No.134, Greams Road, Murugesanaicker Street, Chennai 600 006.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.K.V.Muthu Visakan, learned counsel for the Appellant and Mr.D.Baskaran, learned counsel for the second Respondent are present before this Court. TERMS OF SETTLEMENT This Civil Miscellaneous Appeal had been filed by the Claimant. The Tribunal has awarded a sum of Rs.2,62,400/- (Rupees Two Lakhs Sixty Two

Thousand and Four Hundred Only) directing the second respondent to pay and recovery from first respondent. The second respondent/Insurance Company entered into an agreement with the Claimant whereby, the appellant agreed to receive a sum of Rs.1,00,000/- (Rupees one lakh only) (as full quit) in addition to the award already passed by the Tribunal.

2. It was agreed that the appellant is entitled to full enhanced sum of Rs.1,00,000/-.

3. The second respondent/Insurance Company is directed to deposit the enhanced sum within a period of 8 weeks.

4. On such deposit by the Insurance Company, the Insurance Company shall be entitled to recover the same from the owner of the vehicle. 5.The appellant is entitled to withdraw the entire enhanced amount of Rs.1,00,000/-. Consequently, connected miscellaneous petition, if any, is closed.

R.Iyyappan Counsel for the Appellant 1.Portia Rani 2.United India Insurance Co., Ltd., Third Party Hub, Silingi building No.134, Greams Road, Murugesanaicker Street, Chennai 600 006.

Counsel for the respondents

This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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, (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

SATHI KUMAR SUKUMARA KURUP, J.

dna/srm C.M.A.No.654 of 2021 11.02.2023