Mohan @ Mohan Kumar v. The New India Assurance Co., Ltd., Chennai

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 31st day of March 2022 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 Member Mr.K.Balasubramani, District Judge, (Retd) CMA.No.672 of 2018 (Appeal against the judgment and decree dated 08.09.2015 made in M.C.O.P.No.1893 of 2008 on the file of the Motor Accidents Claims Tribunal Special Sub Court - II , Chennai) Mohan @ Mohan Kumar .. Appellant Vs.

1. P.Shanmugam

2. The New India Assurance Company Ltd., No.21, "B"Block, 2nd Floor, Pattullos Road, Chennai - 2.

Now at Door No.232, NSC Bose Road, Bombay Mutual Building, Chennai - 1.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.T.Arul Mozhi Varman for Mr.A.N.Viswanatha Rao, counsel for the appellant and Mr.V.Priyanga for Mr.J.Chandran, counsel for the respondents 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 Both parties and their respective counsel are present. The appellant has preferred the present appeal for an enhancement of the award from Rs.2,00,000/-.

2. Now parties have agreed to enhancement the award with additional amount of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand only) in full quit (inclusive of interest)

3. The Insurance Company is directed to deposit the additional amount of Rs.1,60,000/- within a period of four weeks from the date of receipt of a copy of this award.

4. On such deposit, the appellant/claimant is entitled to withdraw the original award amount as well as enhanced award amount without filing any formal petition before the Tribunal. Award is passed accordingly.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT 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. The connected miscellaneous petition is closed, if any.

Sd/- Sd/- Mohan @ Mohan Kumar Counsel for the Appellant Sd/- The New India Assurance Company Ltd., No.21, "B"Block, 2nd Floor, Pattullos Road, Chennai - 2.

Now at Door No.232, NSC Bose Road, Bombay Mutual Building, Sd/- Chennai - 1.

Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the appellant 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.

Sd/- Sd/- Judge Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special Sub Court - II , 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 CMA.No.672 of 2018 SS(CO) CT 12/04/2022