Jayalakshmi v. Sri.A.P. Gopikrishna
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:
Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.No.1926 of 2021 (Appeal against the award made in M.C.O.P.No.3764 of 2015, dated 20.11.2020 on the file of the Motor Accident Claims Tribunal / I Additional District and Sessions Judge, Cuddalore.
1. Jayalakshmi
2. Rajalakshmi
3. Andal
4. Muthammal
5. Minor Saraswathi (Rep. by her N.F.Mother Guardian first petitioner herein) ... Appellants Vs.
1. A.P.Gopikrishna
2. The Divisional Manager, United India Insurance Company Ltd., No.13-A, SBI Complex, Nethaji Road, Manjakuppam, Cuddalore - 607 001.
.. Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, learned counsel appearing for the appellants and Mr.R.Rathna Thana ,learned counsel appearing for respondent Insurance company. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows.
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.7,88,304/-, with interest 7.5% at the rate of per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the said award, the appellants has preferred the present appeal.
2. The appellants/ claimants and second respondent/Insurance Company entered in a compromise on following terms; (i) The Appellants are agreed for a sum of Rs.2,20,000/- in full quit of claims over and above what was awarded by the Tribunal. (ii) The second respondent / Insurance Company is agreed to deposit the entire amount within a period of eight (8) weeks from today, failing which, the above said sum shall carry an interest of 7.5% per annum. The second respondent shall deposit the above said sum after deducting any amount already deposited.
(iii) On such deposit, the first appellant is permitted to withdraw Rs.2,00,000/-by making formal application before the Tribunal and the minor fifth appellant is entitle to withdraw the remaining Rs.20,000/- by satisfying the Tribunal about the fact of attaining the majority.
3. Accordingly, the Tribunal is directed to transfer the amount through RTGS to the parties on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Award is passed accordingly.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed.
1. Jayalakshmi
2. Rajalakshmi
3. Andal
4. Muthammal
5. Minor Saraswathi Counsel for Appellants The Divisional Manager, United India Insurance Company Ltd., No.13-A, SBI Complex, Nethaji Road, Manjakuppam, Cuddalore - 607 001.
Counsel for Respondent 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. Judge Member Member To: The parties/Advocate concerned
S.SOUNTHAR, J.
nti/ub Copy to:
1.The Motor Accident Claims Tribunal / I 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.+2 copies nti/ub C.M.A.No.1926 of 2021 11.03.2023