Thaivam v. R.G.Spining Mils Pvt. Ltd.

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 09th Day of March 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE N.SENTHILKUMAR and Members:

1.N.BALASUBRAMANIAN, District Judge (Rtd) 2.SAI SRUJAN TAYI, Advocate C.M.A.No.609 of 2023 Civil Miscellaneous Appeal is filed to enhance the compensation in M.C.O.P.No.709 of 2019 dated 03.01.2022 on the file of the Motor Accidents Claim Tribunal Special District Court, Salem. 1.Thaivam 2.Premkumar ... Appellants Vs.

1.R.G.Spinning Mils Pvt. Ltd No.352, Amman Koil Bus Stop Sanniyachipatti, Sankari West Tiruchengode Namakkal 2.The Oriental Insurance Company Ltd Divya Towers, 2nd floor No.15/1, Fort Main Road, Shevapet, Salem .. Respondents With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.M.Sivakumar, learned counsel for appellants and Mrs.R.Sree Vidhya, learned counsel for the respondent - 2 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 The Tribunal has awarded a sum of Rs.7,37,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellants have preferred the present appeal.

2. The learned counsel represented the presence of the parties viz., Thaivam, Premkumar. After due deliberation and consultation, both the parties submitted that the second respondent/Insurance company agreed to pay a sum of Rs.13,50,000/- over and above the Tribunal's award amount as full and final quit. The parties are satisfied regarding the same. Both the parties agreed to withdraw the enhanced amount by the first appellant, after deposited by the Insurance Company, in addition to her share. The Insurance Company is directed to deposit the amount within a period of five (5) weeks from the date of receipt of a copy of this order.

3. The Tribunal is directed to issue the cheque to the party on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

4. The Civil Miscellaneous Appeal is disposed of accordingly.

1.Thaivam 2.Premkumar Counsel for Appellants The Oriental Insurance Company Ltd Counsel for 2nd 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 N.SENTHILKUMAR,J.

apd To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claim Tribunal Special District Court, Salem. 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 C.M.A.No.609 of 2023 09.03.2024