Madras High CourtCMA/2053/2018settled before the lokadalats

P.Arul v. G.Marimuthu

2019-03-09Honourable Mr Justice C. Saravanan4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C. SARAVANAN and Members Mrs.P.Kavitha Balakrishnan Mr.Daniel Haridoss C.M.A.No.2053 OF 2018 [Appeal against the judgment and decree passed on 22.06.2018 in MCOP.No.3172 of 2015 on the file of the Motor Accidents Claims Tribunal) Special Sub Court No.I, Small Causes Court, Chennai ) P.Arul ... Appellant Vs.

1. G.Marimuthu

2. TATA AIG General Insurance Co., Ltd., Sampson Towers, 2nd Floor, No.403-L, Pantheon Road, Egmore, Chennai 600 008.

(1st respondent was set exparte before the Tribunal) .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Swamikannu and learned counsel for the 2nd respondent / Insurance Company, Mr.M.B.Raghavan 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.1,37,500/- with interest at 7.5% per annum from the date of petition till the date of deposit. It is represented by the learned counsel for the second respondent that the entire amount has already been deposited before the Tribunal and the same has been withdrawn by the appellant.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.1,00,000/- (Rupees One Lakh only) in full quit over and above the amount awarded by the Tribunal.

3. The 2nd respondent/Insurance Company is directed to deposit the enhanced award amount of Rs.1,00,000/- (Rupees One Lakh only) in full quit, within a period of four weeks from the date of receipt of a copy of this order, failing which, it shall be paid with interest at the rate of 7.5% per annum from this date till the date of deposit. On such deposit, the claimant / appellant is permitted to withdraw the enhanced award amount without filing any formal petition. The Award is passed accordingly.

4.The Tribunal is directed to issue the cheque 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.

P.Arul Counsel for the Appellant TATA AIG General Insurance Co., Ltd., Sampson Towers, 2nd Floor, No.403-L, Pantheon Road, Egmore, Chennai 600 000. Counsel for the 2nd respondent This 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 ( Special Sub Court No.I, 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.

C.SARAVANAN,J.

kkd/vkr C.M.A.No.2053 OF 2018 09.03.2019