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Madras High CourtCMA/1814/2024settled before the lokadalats

A.Pachaiyappan v. G.R.Kamaraj

2025-06-14Honourable Mr.Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.N.Balasubramanian, District Judge (Retd) Mrs.S.Thenmozhi, Advocate CMA No.1814 of 2024 Appeal against the Judgment and decree dated 11.08.2023 passed in M.A.C.T.O.P.No.954 of 2019 on the file of the Motor Accidents Claims Tribunal V Judge, Small Causes Court, Chennai. A.Pachaiyappan ...Appellant Vs.

1.G.R.Kamaraj 2.United India Insurance Company Ltd., Sillingi Buildings, 4th Floor, 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. M/s.K.R.Santhakumari, learned counsel for appellant and Mr.D.Baskaran, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to set aside the Order in M.A.C.T.O.P.No.954 of 2019 dated 11.08.2023 on the file of the Motor Accidents Claims Tribunal V Judge, Small Causes Court, Chennai.

2.Today, 14.06.2025, the appellant as well as the representatives of the Insurance Company are present. The respective learned counsels are also present. The Tribunal has awarded a sum of Rs.1,61,100/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. After deliberations and representations, considering that the left out medical bills and the nature of injuries suffered, the parties have agreed to settle the amount of Rs.4,50,000/- (Rupees four Lakhs and fifty five thousand only) in full quit over, and above the amount already awarded by the Tribunal, as compensation.

3.The 2nd respondent, The United India Insurance Company Limited, is directed to deposit the enhanced amount of Rs.4,50,000/- (Rupees four Lakhs and fifty five thousand only) in addition to the amount awarded by the Tribunal, if not already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the amount. Award is passed accordingly.

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4. The Tribunal is directed to transfer the amount in favour of the claimant through RTGS/NEFT, 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. A.Pachaiyappan Counsel for the Appellant United India Insurance Company Ltd., Sillingi Buildings, 4th Floor, No.134, Greams Road, Chennai - 600 006. Counsel for 2nd respondent This 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, 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 3/4

P.B.BALAJI.J., ata/cda CMA.No.1814 of 2024 14.06.2025 4/4