Madras High CourtCMA/1538/2021settled before the lokadalats

Nathiya v. K.Esaintha Kumar

2023-02-11Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate C.M.A.No.1538 of 2021 (Appeal against the judgment and decree passed in M.C.O.P.No.4056 of 2018 dated 06.10.2020 on the file of the Motor Accidents Claims Tribunal, (Special Sub Court No.1, Motor Accidents Claims Petitions) Small Causes Court, Chennai.

1. Nathiya

2. Vengatesan Bharath (Minor)

3. Monika (Minor)

4. Balakrishnan

5. Govinthammal ...Appellants Vs

1. K.Esaintha Kumar

2. United India Insurance Co.Ltd., Silingi Building, New No.134,Old No.40-45, Greams Road, Chennai - 600 006.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Ms.V.Ramya Rao, learned counsel for the Appellants and Mr.P.Sankara Narayanan, learned counsel for the Respondents are present before this Court.

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.24,93,000/- along with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the Appellants/Claimants preferred this Appeal seeking enhancement.

2. During the pendency of the Appeal, the Insurance Company arrived at a settlement, thereby, the Claimants/Respondents have agreed to receive enhanced sum of Rs.3,00,000/- in full quit over and above awarded by the Tribunal.

3. It was agreed that the Respondents/Claimants are entitled to full enhanced sum of Rs.3,00,000/- in addition to Rs.24,93,000/-, exclusively.

4. The Insurance Company is directed to deposit the enhanced sum within a period of eight weeks from today (11.02.2023).

5. The Appellant is entitled to withdraw the entire enhanced amount of Rs.3,00,000/-. Consequently, connected miscellaneous petition, if any, is closed.

1. Nathiya

2. Vengatesan Bharath (Minor)

3. Monika (Minor)

4. Balakrishnan

5. Govinthammal ...

Counsel for Appellants Vs

1. K.Esaintha Kumar

2. United India Insurance Co.Ltd., Silingi Building, New No.134,Old No.40-45, Greams Road, Chennai - 600 006.

...

Counsel for Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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,(Special 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.+2 copies

SATHI KUMAR SUKUMARA KURUP, J.

dna/dh C.M.A.No.1538 of 2021 11.02.2023