Prema v. Abimanue
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June, 2024 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 Mr. R. Ravindra Bose, District Judge (Retired) Mr. M.Selvaraj, Advocate C.M.A.No.1014 of 2024 (Appeal against the Judgment and Decree passed on 07.12.2023 in M.C.O.P.No.1179 of 2019 on the file of the learned Motor Accident Claims Tribunal V Court of Small Causes, Chennai.) Prema ...Appellant/Petitioner Vs.
1.Abimanue 2.The United India Insurance Co. Ltd., Motor Third Party Claims, Silingi Building, No.134, Greams Road, Chennai - 600 006
...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.Bhaskar, 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 1/3
It is the claimant's appeal. Seeking compensation for the injury caused to her in the accident, she sought for compensation of Rs.8,00,000/-.
2. The Tribunal, after arriving at the total compensation of Rs.8,71,911/-, has awarded a sum of Rs.8,00,000/- together with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. The same has been withdrawn. Seeking enhancement by a sum of Rs.3,00,000/- the present appeal has been filed.
3. After due deliberation and consultation, the parties have arrived at a compromise and the claimant has agreed to receive a sum of Rs.1,75,000/- (Rupees One Lakhs Seventy Five Thousand only) in full quit.
4. The 2nd respondent/Insurance company is directed to deposit a sum of Rs.1,75,000/- (Rupees One Lakhs Seventy Five Thousand only) within a period of eight weeks from the date of receipt of a copy of this order. Award is passed accordingly.
5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the claimant 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. Prema Counsel for the Appellant The United India Insurance Co. Ltd., Silingi Building, No.134, 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 2/3
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 nl/mkn2 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, V Court of Small Causes, 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.1014 of 2024 08.06.2024 3/3