Yadhish (Minor) v. G. Krishnan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and Members Mr. R. Ravindra Bose, District Judge (Retired) Mr. M.Selvaraj, Advocate C.M.A.No.752 of 2024 (Appeal against the Judgment and Decree passed on 05.07.2023 in M.C.O.P.No.5408 of 2018 on the file of the learned Motor Accident Claims Tribunal in the V Court of Small Causes, Chennai) Yadhish (minor) ...Appellant/Petitioner Vs.
1.G.Krishnan 2.The United India Insurance Co. Ltd., Motor Third Party Claims, No.134, Silingi Building, Greams Road, Chennai - 600 006
...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.D.Bhaskar, 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 1/3
It is the claimant's appeal. Seeking compensation for the injury caused to him in his right hand, the claimant sought for compensation of Rs.10,00,000/-.
2. The Tribunal has awarded a sum of Rs.6,71,000/- together with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. The same has been withdrawn. Seeking enhancement by a sum of Rs.15,00,000/- the present appeal has been filed. Pending the appeal, the parties have arrived at a settlement.
3. After due deliberation and consultation, the parties have arrived at a compromise and the mother of the claimant has agreed to receive a sum of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand only) in full quit.
4. Both sides state that this is in the interest of the minor, who is aged about 15 years today. The learned counsel for the appellant as well as the mother of the claimant have filed a memo stating that this enhancement amount of Rs.7,50,000/- is in the interest of the minor and no prejudice will be caused to him at the account of settlement.
5. I have perused the memo and also satisfied with the same. Accordingly, the memo is ordered.
6. The 2nd respondent/Insurance company is directed to deposit a sum of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand only) within a period of eight weeks from the date of receipt of a copy of this order. Award is passed accordingly.
7. The Tribunal is directed to transfer 50% of the enhanced amount through RTGS/NEFT to the mother of the claimant concerned on proper identification, without insisting on any formal petition. The remaining 50% of the amount enhanced under this award shall be kept in a deposit in any one of the nationalised banks for a period of three years or till the minor attains majority, whichever is earlier. The Civil Miscellaneous Appeal is disposed of 2/3
accordingly.
Yadhish (minor) Counsel for the Appellant The United India Insurance Co. Ltd., Motor Third Party Claims, No.134, Silingi Building, Greams Road, Chennai - 600 006 Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. The full 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 nl/mkn2 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, V Court of Small Causes, Chennai 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies C.M.A.No.752 of 2024 08.06.2024 3/3