G.Sundaram v. A.Bharath Krishnan
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.2524 of 2021 (Appeal against the judgment and decree passed on 12.11.2019 made in M.C.O.P.No.47 of 2014 on the file of the Motor Accidents Claims Tribunal (Speical Sub Court No.1, Motor Accidents Claims Petitions) Small Causes Court, Chennai.
G.Sundaram .. Appellant Vs.
1.A.Bharath Krishnan 2.ICICI Lombord General Insurance Co. Ltd., Chotah Bhal Central, 2nd Floor, No.140, Nungambakkam High Road, Chennai-600034.
.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant M/s.Ramya V.Rao and the learned counsel for the second respondent, Mr.Siva Kollapan are present. No appearance for the first respondent. 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.1,74,120/-(Rupees One Lakh Seventy Four Thousand One Hundred and Twenty only) with interest at 7.5%p.a. from the date of petition till the date of deposit as compensation. It is stated that the second respondent/Insurance Company has already deposited a sum of Rs.1,74,120/- as awarded by the Tribunal.
3. Aggrieved against the award, the appellant has preferred the present appeal for enhancement of the award amount.
4. Now the appellant / claimant has agreed to receive a sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only) without interest in addition to the amount already deposited by the 2nd respondent before the Tribunal. The second respondent/Insurance Company is directed to deposit the award amount now ordered, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the Award amount already deposited and the additional award amount now directed to be deposited. 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. G.Sundaram Counsel for the appellant ICICI Lombord General Insurance Co. Ltd., Chotah Bhal Central, 2nd Floor, No.140, Nungambakkam High Road, Chennai-600034.
Counsel for the second 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 Motor Accidents Claims Tribunal (Speical Sub Court No.1, Motor Accidents Claims Petitions) 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.2524 of 2021 11.03.2023