Madras High CourtCMA/835/2023disposed of

K.Mani v. D.Umapathi

2023-06-10Honourable Mr Justice D.Bharatha Chakravarthy4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 10th day of June 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Member :

Mr.R.Paranjothi (Retd.D.J.,) Mr.K.P.P.Raja Raja Chozhan (Advocate) C.M.A. No.835 of 2023 (Appeal against the Judgment and Decree dated 29.06.2022 made in M.C.O.P.No.6364 of 2016 on the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes, Chennai) K.Mani ... Appellant

Versus

1.D.Umapathi 2.The Manager, The Oriental Insurance Co.Ltd., NO.216/115, Oriental House, 1st Floor, Prakasam Salai, Broadway, Chennai - 600 108.

... Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.Amar Dinesh Bhai Pandiya, learned counsel for the appellant and Mr.J.Chandran, learned counsel for the second respondent are present. After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Both parties along with their representatives are present.

2.The Trial Court has passed an Award of a sum of Rs.1,24,250/- (Rupees One Lakh twenty four thousand two hundred and fifty only) along with further interest at the rate of 7.5% per annum. In addition to that amount, a sum of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand only) shall be paid by the second respondent to the appellant and the said sum is accepted as full quit by the parties. 3.The entire sum as stated above, i.e. the award amount of Rs.1,24,250/- with interest and another sum of Rs.1,60,000/- shall be deposited to the credit of the M.C.O.P. No.6364 of 2016 on the file of the VI Court of Small Causes, Chennai, within a period of six weeks from the date of receipt of a copy of this order. 4.On such deposit, the appellant/claimant is entitled to withdraw the above amount, along with accrued interest.

In view of the same, the Civil Miscellaneous Appeal is disposed of. 5.The Trial Court is directed to disburse the said amount to the party concerned on proper identification and verification in accordance with the terms of the award, without insisting on any formal permission petition.

K.Mani Counsel for the Appellant The Oriental Insurance Co.Ltd., NO.216/115, Oriental House, 1st Floor, Prakasam Salai, Broadway, Chennai - 600 108.

Counsel for the second respondent

This Lok Adalat award is passed in terms of the above settlement. The full court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court Fees and suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member

D.Bharatha Chakravarthy,J.

vga To: The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, VI 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. +2 copies vga C.M.A.No.835 of 2023 10.06.2023