Rajavalli v. M/S.Nsk Blue Metals

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th November, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by:- The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN Members:-

(1) Mr. K.Ramakrishnan, M.A., LL.M., District Judge (Retd.)

(2) Ms. V.Vijayalakshmi, Advocate CMA.No.1000 of 2022 (Civil Miscellaneous Appeal against the award and decree passed, dated 02.12.2021 in MCOP.No.1277 of 2020, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Cuddalore 1.Rajavalli 2.Rimen Raj 3.Ranjithkumar 4.Anandaraj 5.Anjalai Appellant(s) Vs.

1.M/s.NSK Blue Metals No.8/2, Keezh Putheri Road, Nalmukkal Village, Keezhchiviri Post, Marakkanam Taluk 2.Branch Manager, Oriental Insurance Co.Ltd., Bharathi Road, Opposite to Cuddalore NT Police Station, Cuddalore 607 001 Respondent(s) This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V.Rao, the learned counsel for the Appellants and Mr.B.Mahendran, the learned counsel for the 2nd respondent/Insurance company are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT

1. This Appeal has been filed by the Appellants/ claimants against the impugned award dated 02.12.2021 in MCOP.No.1277 of 2020, on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Cuddalore

2. The Quantum of Compensation awarded by the Tribunal is Rs.11,44,000/ - with interest at 8% per annum from the date of petition till the date of deposit of compensation. Being dissatisfied with the award amount, the appellants/claimant have filed the present appeal seeking enhancement of the same.

3. After due deliberation and consultation, both the parties have agreed to settle the case to a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in full quit over and above the tribunal

award.

4.The Appellant/Insurance Company is directed to deposit the above said modified award amount of Rs.5,00,000/-(full quit), after giving credit to the amount already deposited if any, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellants are permitted to withdraw their respective shares as apportioned by the Tribunal.

5. The Tribunal is directed to disburse the award amount to the claimants' Savings Bank Account, through RTGS/NEFT, on proper identification of the account of the claimants in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. 1.Rajavalli 2.Rimen Raj 3.Ranjithkumar 4.Anandaraj 5.Anjalai Counsel for the Appellants Branch Manager, Oriental Insurance Co.Ltd., Bharathi Road, Opposite to Cuddalore NT Police Station, Cuddalore 607 001 Counsel for the 2nd 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/Advocates concerned.

Copy to:

1.The Motor Accidents Claims Tribunal, Principal District Judge, Cuddalore 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 lok

CMA.No.1000 of 2022 12.11.2022