S.Bakthavalsalam v. R.Ravi Shankar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th December 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI(RETD.) and Members Mr.M.Sambasivam, District Judge (Retd.,) Mr.C.Venkatesan, Advocate C.M.A.No.1262 of 2023 (Appeal against the judgment and decree passed on 20.04.2021 made in M.C.O.P.No.1588 of 2018 on the file of the Motor Accident Claims Tribunal-IV, Small Causes Court, Chennai) S.Bakthavalsalam ...

Appellant Vs

1. R.Ravi Shankar

2. The Oriental Insurance Company Limited, No.115/16, Second Floor, Oriental House, Prakasam Salai, Boradway, Chennai - 600 108.

...

Respondents (R1 set exparte before the Tribunal) This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.S.R.Suga, learned counsel for the Appellant and Mrs.R.Sreevidhya, 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 The Tribunal has awarded a sum of Rs.7,33,000/- with interest at 7.5% per annum, from the date of petition, till the date of realization with costs. Challenging the quantum of compensation, the

appellant/claimant has preferred the present appeal for enhancement of the Award amount.

2. After due deliberation and consultation, both the parties have agreed to settle the claim for a sum of Rs.5,75,000/- (Rupees Five Lakhs Seventy five Thousand only) in full quit, over and above the amount awarded by the Tribunal at Rs.7,33,000/- with interest at 7.5% p.a.

3. It is represented that the appellant / claimant has already withdrawn the Award amount of Rs.7,33,000/- along with interest awarded by the Tribunal. The 2nd Respondent / Insurance Company is directed to deposit the enhanced Award amount of Rs.5,75,000/- to the credit of M.C.O.P.No.1588 of 2018 on the file of the Motor Accident Claims Tribunal-IV, Small Causes Court, Chennai, within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the Tribunal is directed to transfer the enhanced Award amount to the Bank account of the appellant / claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. The appellant / claimant is entitled to withdraw the enhanced Award amount thereafter.

5. The Civil Miscellaneous Appeal is disposed of. No costs.

S.Bakthavalsalam Counsel for the Appellant

1. R.Ravi Shankar

2. The Oriental Insurance Company Limited, No.115/16, Second Floor, Oriental House, Prakasam Salai, Boradway, Chennai - 600 108.

Counsel for the respondents 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

A.RAMAMURTHI,J. (RETD.) vum To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal-IV, Small Causes Court, Chennai 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 C.M.A.No.1262 of 2023 09.12.2023