Lingamoorthy @ Baskar v. Sathiyanarayanan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, 14th September, 2024 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.M.Sambasivam, District Judge (Retd.) Mr.P.Arasammal, Advocate C.M.A.No.1386 of 2024 (Appeal against the decree and judgement passed in MCOP.No.4134 of 2015 dated 28.11.2022 on the file of the Motor Accident Claim Tribunal / I Additional Sub Judge, Cuddalore. ) Lingamoorthy @ Baskar ... Appellant Vs 1.Sathiyanarayanan 2.The Divisional Manager, United India Insurance Co.Ltd., DO, 13-A, Nethaji Raod, Cuddalore-607 001

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mrs.Ramya V. Rao, learned counsel for the appellant and Mr.J.Chandran, learned counsel for the second respondent is present through the office before this Court.

Terms of Settlement

The Claimant filed a claim petition before the Tribunal claiming compensation of Rs.10,00,000/-. The Tribunal awarded a sum of Rs.2,38,500/- (Rupees Two Lakh Thirty Eight Thousand Five Hundred only) with interest at the rate of 7.5 % from the date of petition till the date of realisation.

2. Aggrieved by the compensation awarded by the Tribunal, the Appellant / claimant preferred this appeal before this Court.

3. Now, both the parties entered into negotiation and finally settled the issue arisen between them as follows :

(i) As against the award amount of Rs.2,38,500/- with interest at 7.5% per annum, the parties have agreed to settle for a total sum of Rs.1,50,000/- [Rupees One Lakh Fifty Thousand only] over and above the award amount in full quit. Thereby, the second respondent / Insurance Company is directed to deposit the agreed amount less the amount already deposited within a period of four (4) weeks from the date of receipt of a copy of this order (ii) Upon such deposit, the claimant/appellant is entitled to withdraw the entire sum without any formal application and only upon verification of the identity.

4. In terms of the compromise arrived at between the parties, this Civil Miscellaneous Appeal is disposed of accordingly. 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.

Lingamoorthy @ Baskar Counsel for the Appellant 1.Sathiyanarayanan 2.The Divisional Manager, United India Insurance Co.Ltd., DO, 13-A, Nethaji Raod, Cuddalore-607 001 Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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 To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claim Tribunal / I Additional Sub 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.+2 copies T.N.VALLINAYAGAM (RETD), J.

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C.M.A.No.1386 of 2024 14.09.2024