D.Umapathy v. R.Karunakaran

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mr.E.V.Chandru Advocate C.M.A.No.1497 of 2022 (Appeal against the judgment and decree passed on 28.07.2021 made in M.C.O.P.No.1355 of 2018 on the file of the Special Sub-Judge No.2 (MACT, Small Causes Court, Chennai).

D.Umapathy .. Appellant Vs.

1.R.Karunakaran 2.United India Insurance Company Ltd., 134, Greams Road, Chennai-6.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.S.Udhayakumar and the learned counsel for the second respondent Mr.S.Arunkumar 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 and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.20,52,490/-(Rupees Twenty Lakhs Fifty Two Thousand Four Hundred and Ninety only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellant/claimant has preferred the present appeal, for enhancement. Now the Appellant/claimant has agreed to receive Rs.1,00,000/- (Rupees One Lakh only) over and above the sum of Rs.20,52,490/- awarded by the Tribunal, in full quit, which is also acceptable to the 2nd respondent Insurance Company. The second respondent/Insurance Company shall also deposit the sum of Rs.20,52,490/- before the Tribunal, if not already deposited.

4. The 2nd respondent Insurance Company is directed to deposit the award amount now ordered after deducting any amount already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the Award amount after deducting the amount already withdrawn by the claimant, if any. Award is passed accordingly.

5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party 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. D.Umapathy Counsel for the appellant United India Insurance Company Ltd., 134, Greams Road, Chennai-6.

Counsel for the respondent

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 Sub-Judge No.2 (MACT, 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.

K.GOVINDARAJAN THILAKAVADI, J.

Anu C.M.A.No.1497 of 2022 11.03.2023