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Madras High CourtCMA/1878/2022disposed of

Savithri v. J.Jaiganesh

2023-06-10Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June 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.) Mrs.K.Kavitha Advocate C.M.A.No.1878 of 2022 (Appeal against the judgment and decree passed on 01.12.2021 made in M.C.O.P.No.3501 of 2017 on the file of the Motor Accident claims Tribunal/Speical Sub Judge, Cuddalore.

1.Savithri 2.R.Valarmathi .. Appellants Vs.

1.J.Jaiganesh (set ex parte even before the Tribunal) 2.The Divisional Manager The New India Assurance Co.Ltd., Divisional Office, 3rd floor, No.179 JN Street, Puducherry-605001 .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mrs.Ramya Rao and the learned counsel for the respondents Mr.C.Ramesh Babu is 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 the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.2,00,000/(Rupees Two Lakhs 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 have preferred the present appeal. Now the appellants/claimants have agreed to receive a sum of Rs.3,00,000/- (Rupees three Lakhs only) in addition to the amount awared by the Tribunal in full quit, which is also acceptable by the 2nd respondent.

4. The 2nd respondent 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. 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.

6.The appeal is ordered accordingly. Consequently, the connected MP, if any, is closed.

1.Savithri 2.R.Valarmathi

Counsel for the appellants The Divisional Manager The New India Assurance Co.Ltd., Divisional Office, 3rd floor, No.179 JN Street, Puducherry-605001 Counsel for the 2nd 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 Accident claims Tribunal Speical 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.

K.GOVINDARAJAN THILAKAVADI, J.

vsn C.M.A.No.1878 of 2022 10.06.2023