R.Selvam v. V.Ramarajan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of September, 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 V. LAKSHMINARAYANAN and Members Mrs. V.Ahalya, District Judge (Retired) Mrs. D.Sathya, Advocate C.M.A.No.896 of 2023 (Appeal against the Judgment and Decree passed on 07.11.2022 in M.C.O.P.No.7579 of 2018 on the file of the Motor Accidents Claims Tribunal, IV Judge, Small Causes Court, Chennai) R. Selvam, S/o.Ramu ...Appellant/Claimant Vs.

1.V.Ramarajan 2.The United India Insurance Company Limited, Motor Third Party Claims Hub, Sillingi Building, IV Floor, No134, Greams Road, Chennai - 600 006.

...Respondents/Respondents

On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, learned counsel for the appellant and Mr.D.Baskaran, 1/3

learned counsel for the 2nd respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.6,21,500/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/claimant had preferred the present appeal for enhancement. 2.The parties have arrived at a compromise as against the enhanced claim for Rs.3 lakhs. After due deliberation and consultation, both the parties have agreed to modify the Award to a sum of Rs.2,50,000 (Rupees two lakhs fifty thousand only) over and above the amount awarded by the Tribunal in full quit.

3.The 2nd Insurance Company is directed to deposit the abovesaid enhanced award amount of Rs.2,50,000 (Rupees two lakhs fifty thousand only), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the modified amount without filing any formal petition. The Award is passed accordingly. 4.The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. R.Selvam Counsel for the Appellant The United India Insurance Company Limited, 2/3

Motor Third Party Claims Hub, Sillingi Building, IV Floor, No134, Greams Road, Chennai - 600 006.

Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. The full 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 mps To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Motor Accidents Claims Tribunal, IV Judge, Small Causes Court, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies C.M.A.No.896 of 2023 09.09.2023 3/3