Pandiyan v. K.Madurai
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of August, 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.A.RATHINAVEL PANDIAN Mr.K.V.MUTHU VISAKAN C.M.A. No.2607 of 2022 (This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the decree and judgement dated 22.12.2021 made in M.C.O.P. No.7500 of 2016 on the file of the Motor Accident Claims Tribunal, (III Court of Small Causes), Chennai).
1. Pandiyan 2.Rekha ...Appellants Vs.
1.K.Madurai 2.United India Insurance Co, Ltd., No.134, Greams Road, Sillingi Building, Chennai -6.
... Respondents On representation of counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.Vardha Kamaraj, the learned counsel for the Appellants and Mr.P.Sankara Narayanan, the learned counsel for the second respondent/Insurance Company 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 It is brought to our notice that first appellant/father of the deceased died on 19.01.2023. The memo dated 12.08.2023 along with the copy of the Death Certificate issued by the Greater Chennai Corporation and the same is recorded. The second appellant is the only surviving legal heir of the first appellant.
2. Today, the second appellant and the second respondent Insurance Company have discussed and arrived at settlement. Accordingly, the respondent had agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) over and above the award amount, which is already paid, in full and final settlement. The said amount shall be deposited by the second respondent within a period of six weeks. The second appellant is entitled to withdraw such deposit of Rs.5,00,000/- (Rupees Five Lakhs only), without the Tribunal insisting on a formal Application. So far as the decree for pay and recover, the same is not interfered with and the same stands confirmed.
3. In view of the settlement reached today, the above Civil Miscellaneous Appeal is disposed as settled. The Memo of Compromise dated 12.08.2023 shall form part of the order. Rekha Counsel for the Petitioner
United India Insurance Co, Ltd., No.134, Greams Road, Sillingi Building, Chennai -6.
Counsel for the respondent This 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, (III Court of Small Causes), 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.
P.B.BALAJI, J.
rkp/rpl C.M.A. No.2607 of 2022 12.08.2023