Gopala Krishnan v. M/S.Krs Project Llp
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mr.E.V.Chandru Advocate C.M.A.No.1294 of 2022 (Appeal against the judgment and decree passed on 02.03.2022 made in M.C.O.P.No.169 of 2020 on the file of the Motor Accidents Claims Tribunal Judge and Principal District Judge, Perambalur. 1.Gopala Krishnan 2.Brindha 3.Silambarasan .. Appellants Vs.
1.M/s.KRS Project LLP, Karaikal, Pondicherry - 609 609.
(set exparte) 2.M/s.National Insurance Co. Ltd., Rep. by its Branch Manager, Perambalur.
(set exparte) 3.Manoharan (set exparte) 4.The Branch Manager, M/s.United India Insurance Co. Ltd., Perambalur.
(set exparte) .. Respondents Policy No.0920013118P116616975
This case came up for settlement before the National Lok Adalat. The learned counsel for the appellant Ms.L.Meena for Mr.C.Vidhusan and the learned counsel for the second respondent, Ms.N.B.Sureka are present. No appearance for the respondents 1, 3 and 4. 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 the parties and their respective counsel are present.
2. The Tribunal has awarded a sum of Rs.15,62,584/-(Rupees Fifteen Lakhs Sixty Two Thousand Five Hundred and Eighty Four only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.
3. Aggrieved by the award, the appellants/claimants have preferred the present appeal, for enhancement. Now the Appellants/claimants have agreed to receive a sum of Rs.18,50,000/- (Rupees Eighteen Lakhs Fifty Thousand only) in full quit, which is also acceptable to the 2nd respondent Insurance Company.
4. The 2nd respondent Insurance Company is directed to deposit the award amount now ordered after deducting any amount already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the Award amount as per the apportionment given by the Tribunal, after deducting the amount already withdrawn by the claimants, if any. Award is passed accordingly.
5. The Tribunal is directed to issue the award amount through NEFT/RTGS 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. 1.Gopala Krishnan 2.Brindha 3.Silambarasan Counsel for the appellants M/s.National Insurance Co. Ltd., Rep. by its Branch Manager, Perambalur.
(set exparte) Counsel for the second respondent This National 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. Judge Member Member To The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal Judge and Principal District Judge, Perambalur.
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.
K.GOVINDARAJAN THILAKAVADI, J.
anu C.M.A.No.1294 of 2022 11.03.2023