Madras High CourtCMA/1829/2021settled before the lokadalats

M.Noorunisha v. H.Vengadakrishnan

2021-09-07Honourable Mr Justice M.Thanikachalam (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - II organised by the High Court Legal Services committee Tuesday, the 7th day of September 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.Thanikachalam (Retd) Member Mr.M.Sambasivam, District Judge, Retd C.M.A.No.1829 of 2021 Appeal against the judgment and decree dated 19.03.2020 made in M.C.O.P.No.5703 of 2011 on the file of the Motor Accident Claims Tribunal, V Judge, Court of Small Causes at Chennai. M.Noorunisha .. Appellant Vs.

1. H.Vengadakrishnan

2. Bajaj Allianz General Insurance Company Ltd., C/o.Motor III Party Claims Office 25/26 College Road, Chennai - 600 006.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.T.G.Balachandran, learned counsel for the appellant and Mr.R.V.Sivaraj, 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 appellant / Claimant sustained some injuries in the road accident suffered damage for which she approached the Tribunal claiming a sum of Rs.6,00,000/- and the Tribunal awarded only a sum of Rs.81,800/-. Unable to digest the quantum of compensation, the injured claim approached before the Hon'ble High Court by way of appeal and when the appeal is pending, the parties have settled the matter and under the settlement and negotiation, the Insurance company has agreed to pay a sum of Rs.80,000/- in full quit of the amount. Award has to be modified accordingly.

2. The Insurance company is directed to pay an additional compensation of Rs.80,000/- in full quit over and above the award amount granted and the Insurance company is directed to deposit the additional enhanced amount within a period of three weeks from the date of receipt of copy of this order. Award is modified accordingly.

3. The Tribunal is directd 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.

M.Noorunisha Counsel for the Appellant Bajaj Allianz General Insurance Company Ltd., C/o.Motor III Party Claims Office 25/26 College Road, Chennai - 600 006.

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 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member M.Thanikachalam, J.(Retd)

drl To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, V Judge, Court of Small Causes at Chennai.

2. The Secretary, High Court Legal Services Committeee, Chennai.

3. The Secion Officer, V.R.Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court Madras + 2 copies drl C.M.A.No.1829 of 2021 07.09.2021