Jayakumar v. Ligi Enterprises

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.2068 of 2021 (Appeal against the judgment and decree passed on 02.01.2020 made in M.C.O.P.No.464 of 2017 on the file of the Motor Accidents Claims Tribunal/ II Court of Small Causes, Chennai) Jayakumar .. Appellant Vs.

1.Ligi Enterprises 2.National Insurance Company, Ltd., Third Party Claims Office, No.46, Moore Street, 3rd Floor, Chennai-600 001 .. Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.U.Chithambaram and the learned counsel for the Second respondent, Mr.D.Baskar are present. No appearance for the firs 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.5,57,000/-(Rupees Five lakhs and fifty seven thousand only) with interest at 7.5% p.a. from the date of petition to till the date of deposit as compensation.

3. Aggrieved by the award, the appellant has preferred the present appeal, for enhancement of compensation.

4. Now the appellant has agreed to receive a sum of Rs.1,75,000/- (Rupees One lakh and seventy five thousand only) in full quit over and above in Tribunal award. Hence, the second respondent/Insurance Company is directed to deposit the agreed amount, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the Award amount after deducting the amount already withdrawn by the claimant, if any.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. Jayakumar Counsel for the appellant National Insurance Company, Ltd., Third Party Claims Office, No.46, Moore Street, 3rd Floor, Chennai-600 001 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/ II Court of Small Causes, 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.

Vsn C.M.A.No.2068 of 2021 11.03.2023