Madras High CourtCMA/2732/2019disposed of

The Divisional Manager v. Dharmadurai

2019-12-14Honourable Mr Justice P. Rajamanickam4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 14th December, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE P.RAJAMANICKAM and Members:

Mr.G.Dhanaraj Mr.V. Shanmugasundaram C.M.A.No.2732 of 2019 (Appeal against the Judgment and decree passed on 03.11.2018 in M.C.O.P.No.537 of 2015 on the file of the Motor Accidents Claims Tribunal, III Additional District and Sessions Judge, Cuddalore. The Divisional Manager, National Insurance Co.Ltd., D. No.110, J.N.Street, Pondicherry.

... Appellant Vs.

1.Dharmadurai 2.Siva Kumar

...Respondents

Though this case has not been listed today in the cause-list before the National Lok Adalat, since it is represented that the parties are willing for settlement, this case is taken up for final disposal. Both the parties are present. Mr.Michael Visuvasam, the learned counsel for the appellant and Mr.Udhaya Kumar, the learned counsel for the first respondent are present. After discussion

and negotiation, the matter is settled as follows: TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.6,11,328/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

Challenging the quantum of compensation, the appellant/Insurance Company has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award amount to the tune of Rs.4,50,000/- (Rupees Four Lakhs and Fifty Thousand Only) with proportionate interest of 7.5% per annum from the date of petition till the date of deposit, and the award is accordingly modified.

3. In view of the above, the appellant/Insurance Company is directed to deposit the modified award amount, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the first respondent is entitled to withdraw the same.

4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently,

connected Miscellaneous Petition is closed, if any. The Divisional Manager, National Insurance Co.Ltd., D. No.110, J.N.Street, Pondicherry.

Counsel for the Appellant Dharmadurai Counsel for the respondent This National 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

P.RAJAMANICKAM, J.

ebsi/vv To:

The parties/Advocate concerned Copy to:

1. Motor Accidents Claims Tribunal, III 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. C.M.A.No.2732 of 2019 14.12.2019