Mohammed Ali v. Mohammed Haneefa

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 07th day of September, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members Mr.I.Richard Mrs.V.J.Latha C.M.A.No.1271 of 2013 (Appeal against the award and decree passed on 22.01.2013 made in M.A.C.T.O.P.No.88 of 2007 on the file of the Motor Accidents Claims Tribunal, (Principal Subordinate Judge) Villupuram). Mohammed Ali ...Appellant/petitioner Vs.

Mohammed Haneefa (died) 1.United India Insurance Company Limited, Jawaharlal Nehru Street, Villupuram.

2.E.Saravanan 3.Oriental Insurance Company Limited By its Branch Manager, No.F-4, Visitors' Road, Block-2, Neyveli Cuddalore District.

.. Respondents/Respondens 2 to 4 (No relief sought against the 1st respondent in the above appeal and hence, no batta paid for the 1st respondent and 2nd respondent was set ex parte before the Tribunal).

This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.V.Perumal, learned counsel for the appellant and Mr.S.Manohar, learned counsel for the third 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 The Tribunal has awarded a sum of Rs.1,45,400/- with interest at 7.5% per annum from the date of petition till the date of deposit as compensation. It is represented by the third respondent/Insurance Company that a sum of Rs.2,06,000/- has already been deposited in the Tribunal.

2. Aggrieved against the award of the Tribunal, the appellant/claimant has preferred the present appeal. After due deliberation and conciliation, both the parties have agreed to enhance the award with an additional sum of Rs.1,40,000/- (Rupees One Lakh and Forty Thousand only) in full quit.

3. The third respondent/Insurance Company is directed to deposit the enhanced amount of R.s1,40,000/- within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw Rs.2,06,000/- and the accrued interest on Rs.2,06,000/- less the amount already withdrawn as well as the enhanced award amount without filing any formal petition. The Award is passed accordingly. 4.The Tribunal is directed to issue the cheque to the party 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. (sd) (sd) Mohammed Ali Counsel for the Appellant (sd) Oriental Insurance Company Limited By its Branch Manager, No.F-4, Visitors' Road, Block-2, Neyveli (sd) Cuddalore District.

Counsel for the third Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties 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. gv (sd) (sd) Judge (sd) Member Member s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar

To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal,Claims Tribunal, (Principal Subordinate Judge) Villupuram.

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. ug(co) prk13/10 C.M.A.No.1271 of 2013 07.09.2015