G.Rajalakshmi v. P.Manibalan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National 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 Hon'ble Mr.JUSTICE R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd) Mr.Sai Srujan TAYI, Advocate CMA No.1217 of 2022 Appeal against the Judgment and decree dated 29.10.2021 passed in M.C.O.P.No.51 of 2015 on the file of the Motor Accidents Claims Tribunal Judge/Principal District Judge, Cuddalore.
1.G.Rajalakshmi 2.Minor G.Vijayakumar 3.Minor G.Jeeva ...Appellants Vs.
1.P.Manibalan 2.The Divisional Manager, The New India Assurance Co.Ltd., Divisional Office, No.30, JN Street, Puducherry-605001.
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.Ramya V Rao, learned counsel for appellants and Mr.,M.Shobana for Mrs.C.Bhuvana Sundari, learned counsel for the second respondent is 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.6,10,000/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellants had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to enhance the award Rs.3,00,000/- (Rupees Three Lakhs Only) in full quit in addition to Tribunal granted Rs.6,10,000/-. The apportionment of the enhance award amount is as follows:-
1. 1st Petitioner - 1,50,000/-
2. 2nd Petitioner - 75,000/-
3. 3rd Petitioner - 75,000/-
3. The Respondent Insurance Company is directed to deposit the above said accepted award amount of Rs.3,00,000/- (Rupees Three Lakhs Only) in full quit without interest along with the Tribunal award with interest within a period of eight weeks from the date of receipt of a copy of this award.
4. On such deposit, the claimants/appellants are permitted to withdraw the Tribunal award and the enhance amount without filing any formal petition. Award is passed accordingly.
5. 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. The connected miscellaneous petition is closed, if any.
1.G.Rajalakshmi 2.Minor G.Vijayakumar 3.Minor G.Jeeva Counsel for the Appellant 1.P.Manibalan 2.The Divisional Manager, The New India Assurance Co.Ltd., Divisional Office, No.30, JN Street, Puducherry-605001.
Counsel for the 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 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 Judge/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 kmm/gd
R.KALAIMATHI.J., kmm/gd CMA.No.1217 of 2022 11.03.2023