S.Sivanantha v. R.Jeevan Anand
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.ARUL MURUGAN and Members Mr. K.Ramakrishnan, District Judge (Retd.) Mr. C.Venkatesan Advocate C.M.A.No.1363 of 2023 (Appeal against the award and decree in M.C.O.P.No.175 of 2017, dated 03.08.2021 on the file of the Motor Accidents claims Tribunal, Special Subordinate Judge, Tirupattur. S.Sivanantha .. Appellant Vs.
1. R.Jeevan Anand,
2. United India Insurance Company Limited, Katpadi Road, Vellore, Vellore District. .. 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. Mr.K.Varadha Kamaraj, learned counsel for the appellant and Mr.S.C.Vishwanth, learned counsel for the 1st respondent and Mr.D.Bhaskaran, the learned counsel for the 2nd respondent 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.1,52,386/- with interest at 7.5% per annum from the date of petition till the date of deposit.
2. Not satisfied with the award of the Tribunal, the appellant/claimant, has preferred the present appeal. Now, both the parties have agreed for a settlement of Rs.2,00,000/- (Rupees Two Lakhs Only) in full quit over and above the amount awarded by the Tribunal. It is represented by the learned counsel for the appellant/respondent that already entire award amount has been deposited.
3. The appellant is present before the Adalat. Due to the surgery, there is restriction in his movement. Taking into consideration of the same, the petitioner has arrived at settlement of Rs.2,00,000/- over and above the award amount of the Tribunal in full quit.
4. Since already the amount has been deposited, the appellant/claimant is permitted to withdraw the settlement award amount without filing any formal petition. The Award is passed accordingly. 4.The Tribunal is directed to transfer the amount through RTGS/NEFT to 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.
S.Sivanantha Counsel for the appellant
1. R.Jeevan Anand,
2. United India Insurance Company Limited, Katpadi Road, Vellore, Vellore District. Counsel for the 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.Motor Accidents Claims Tribunal, Special Subordinate Judge, Tirupattur.
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
G.ARUL MURUGAN,J.
Dn/Sma C.M.A.No.1363 of 2023 09.03.2024