Poongudi v. M.N. Sivananda

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the14h day of October 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and Members:

1.Ms.J.SHANTHI 2.Mr.K.V.MUTHUVISAKAN C.M.A.No.667 of 2021 Civil Miscellaneous Appeal is filed to enhance the compensation in M.C.O.P.No.272/2015 dated 11.06.2019 on the file of the Motor Accidents Claim Tribunal/Subordinate Judge, Tiruttani.

Poongudi ... Appellant Vs.

1.M.N.Sivananda 2.The Branch Manager, Royal Sundaram General Insurance Co.Ltd., A.K.Colony, Madanahalli, Tumkur, Karnataka.

... Respondents With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.A.K.Raghavulu, learned counsel for appellant and Mr.N.Vijayaraghavan, 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:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.2,74,900/-with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellant has preferred the present appeal.

2. After due deliberation and consultation, both the parties agreed that the second respondent/Insurance Company had already deposited the amount, as awarded by the Tribunal. Now it is mutually agreed by both the appellant and the second respondent/Insurance Company to pay an additional sum of Rs.1,45,000/- over and above the Tribunal's award amount as full quit. The Insurance Company is directed to deposit the said amount of Rs.1,45,000/- within a period of six (6) weeks from the date of receipt of a copy of this order, failing which, the award amount will carry interest at the rate of 7.5% per annum. On such deposit, the claimant is permitted to withdraw the entire amount without filing any formal petition.

3. The Tribunal is directed to issue the cheque to the party on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

4. The Civil Miscellaneous Appeal is disposed of accordingly.

Poongudi Counsel for Appellant 1.M.N.Sivananda 2.The Branch Manager, Royal Sundaram General Insurance Co.Ltd., A.K.Colony, Madanahalli, Tumkur, Karnataka.

Counsel for 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 Claim Tribunal/Subordinate Judge, Tiruttani. 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

C.KUMARAPPAN, J.

veda C.M.A.No.667 of 2021 14.10.2023