Minor. Ragul v. B.Rajesh
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:
Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.Nos.1137 of 2022 and CMA.SR.No.8960 of 2023 Against the award and decree dated 30.11.2021 in M.C.O.P.No. 2105 of 2017 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Cuddalore.
C.M.A.Nos.1137 of 2022 Minor Ragul (Rep by her father next friend and guardian Ramesh) .. Appellant /versus/ 1.B.Rajesh 2.United India Insurance Company Ltd Third Party Service Hub, Plot No.35,36,37 AR Plaza, 45 Feet Road, Balaji Nagar Extension, Saram, Puducherry - 605 011.
3.T.Rathinavel 4.The Divisional Manager, National Insurance Company Limited, Door No.110, JN Street, Puducherry-605 001.
..Respondents CMA.SR.No.8960 of 2023 United India Insurance Company Ltd Third Party Service Hub, Plot No.35,36,37 AR Plaza, 45 Feet Road, Balaji Nagar Extension, Saram, Puducherry - 605 011.
.. Appellant Vs 1.Minor Ragul
(Rep by her father next friend and guardian Ramesh) 2.B.Rajesh 3.T.Rathinavel 4.The Divisional Manager, National Insurance Company Limited, Door No.110, JN Street, Puducherry-605 001.
Both the cases are taken up for settlement before the Lok Adalat. Both parties are present. Ms.Ramya V.Rao, learned counsel for the appellant, Mr.D.Bhaskaran, learned counsel for the 2nd respondent and M/s.S.Vadivel learned counsel for the 4th 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 Challenging the award passed by the Tribunal in a sum of Rs.1,36,963/-, with interest at the rate of 7.5% per annum from the date of the petition till the date of deposit of the award amount, the claimant as well as the Insurance Company have preferred the above appeals.
2. The parties have arrived at a settlement. The minor claimant is present in person along with his counsel. The minor claimant has agreed to receive a compensation amount of Rs.1,00,000/- in full quit over and above the amount awarded by the tribunal. This amount shall be deposited by the Insurance Company within a period of eight weeks from today, less the amount, if any, already deposited, failing which the above said sum will carry an interest at 7.5% per annum.
3. The claimant being minor, the entire amount awarded may be deposited in the fixed deposit for a period of one year and renewed periodically till the minor attains majority. On attaining majority the minor claimant is permitted to withdraw the said amount by making formal application.
4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed, if any.
Minor Ragul (Rep by her father next friend and guardian Ramesh) Counsel for appellant/claimant United India Insurance Company Ltd Third Party Service Hub, Plot No.35,36,37 AR Plaza, 45 Feet Road, Balaji Nagar Extension, Saram, Puducherry - 605 011.
Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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 Accident Claims Tribunal, II Additional Subordinate 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
S.SOUNTHAR ,J.
jai/ub C.M.A.Nos.1137 of 2022 and CMA.SR.No.8960 of 2023 11.03.2023