Madras High CourtCMA/2039/2022settled before the lokadalats

Mayarani v. G.Parimala

2024-06-08Honourable Mr Justice P.B. Balaji5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Miss.V.Ahalya, District Judge (Retd.) Ms.S.Farhath, Advocate CMA.No.2039 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.3211 of 2016 dated 23.12.2021 on the file of the Motor Accident Claims Tribunal, I Additional District & Sessions Judge, Cuddalore.

1.Mayarani 2.M.Manuneethicholan 3.Minor M.Murasoli Maran 4.Minor M.Anusiya 5.Vasantha 6.K.Thangavel ... Appellants Vs 1.G.Parimala 2.United India Insurance Co., Ltd., Third Party Service Hub, Plot No.35, 36, 37, A.R.Plaza, 45 Feet Road, Balaji Nagar Extn.

Saram, Puducherry - 605 011.

...Respondents

This case is taken up for settlement before the National Lok Adalat. M/s.Ramya V.Rao, learned counsel for the Appellants and Mr.P.Sankaranarayanan, learned Standing Counsel for the 2nd

Respondent are present before this Court.

TERMS OF SETTLEMENT The claimants are seeking enhancement of compensation. Today, The claimants are the wife, children and parents of the deceased, namely Mayakrishnan, who have claimed compensation for the death of Mayakrishnan. After trial, the Tribunal has awarded a sum of Rs.27,93,500/- (Twenty Seven Lakhs Ninety Three Thousand and Five Hundred only).

2.After discussion, the parties have now resolved to enhance the compensation by another sum of Rs.8,00,000/- (Rupees Eight Lakhs only) over and above the award passed by the Tribunal in full quit. 3.The 2nd respondent/Insurance Company is directed to deposit the enhanced sum of Rs.8,00,000/- (Rupees Eight Lakhs only), together with original award amount, if not deposited already. 4.On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the appellants' bank account on proper identification of them, in accordance with the terms of the award, without insisting on any formal petition.

5.The appellants/claimants are entitled to withdraw the entire

enhanced amount of Rs.8,00,000/- (Rupees Eight Lakhs only) together with the original award amount. The apportionment for the enhanced amount is as per the Tribunal award amount. consequently, connected miscellaneous petition, if any is closed.

1.Mayarani 2.M.Manuneethicholan 3.Minor M.Murasoli Maran 4.Minor M.Anusiya 5.Vasantha 6.K.Thangavel Counsel for the Appellants 1.G.Parimala 2.United India Insurance Co., Ltd., Third Party Service Hub, Plot No.35, 36, 37, A.R.Plaza, 45 Feet Road, Balaji Nagar Extn.

Saram, Puducherry - 605 011.

Counsel for the Respondent

This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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.Motor Accident Claims Tribunal, I Additional District and Sessions 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 P.B.BALAJI, J.

ata/msm

CMA.No.2039 of 2022 08.06.2024