Madras High CourtCMA/1309/2023settled before the lokadalats

S.Kumaran v. B.N.Nasser

2023-10-14Honourable Mr Justice B. Gokuldas(Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

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 Mr.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A.No..1309 of 2023 (Appeal against the judgment and decree passed on 29.10.2021 made in M.C.O.P.No.11 of 2020 on the file of the Special District Judge, Special Court to deal with MCOP cases No.1, Tiruvallur.

1. S. Kumaran

2. G. Rajilarani

3. K. Suganthi .

.. Appellants Vs.

1. B.N. Naseer

2. United India Insurance Company Ltd., Ambattur.

3. The United India Insurance Company Ltd., Tiruvallur-602 001.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.K. Varadha Kamaraj and the learned counsel for the respondents 2 & 3, Mr.P. Sankaranarayanan 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 are present. The appellant counsel and 3rd respondent counsel are present.

2. Originally, the Tribunal has awarded a total sum of Rs.3,20,000/- to be payable to the appellants and interest at the rate of 7.5% per annum as compensation to the claimants. Challenging the award amount, the claimants have preferred the above appeal.

3. After negotiation, the award of the Tribunal is modified as follows: (i) The respondent insurance company has already deposited said award amount and on appeal, the respondents are now ready to settle Rs.1,50,000/- over and above the trial Court award as full quit. The appellants/claimants have agreed to receive the said amount. (ii) Appellants/Claimants are entitled to withdraw the said amount of

Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) (as full quit) in equal share.

(iii) The Insurance company/2nd and 3rd respondents are directed to deposit the entire award amount within a period of Six (6) weeks from the date of receipt of a copy of this order.

The Civil Miscellaneous Appeal is disposed of accordingly.

1. S. Kumaran

2. G. Rajilarani

3. K. Suganthi.

Counsel for the Appellants

1. B.N. Naseer

2. United India Insurance Company Ltd., Ambattur.

3. The United India Insurance Company Ltd., Tiruvallur-602 001.

Counsel for the Respondents 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 Special District Judge, Special Court to deal with MCOP cases No.1, Tiruvallur.

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.

B.GOKULDAS.J, (Retd.) mjs C.M.A. No.1309 of 2023 14.10.2023