Boopathy v. Sivanessane

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.2071 of 2021 (Appeal against the judgment and decree passed on 20.01.2021 made in M.C.O.P.No.2954 of 2015 on the file of the Motor Accident claims Tribunal/I Additional Sub Judge, Cuddalore.) Boopathy .. Appellant Vs.

1.Sivanessane (Owner of the Vehicle) 2.The Divisional Manager The New India Assurance Company Ltd., Pondicherry Division Office, TP Claims Hub, 30, JN Street, II nd Floor, Pondicherry - 1.

.. Respondents

This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.Ramya V.Rao Rao and the learned counsel for the second respondent Mr.S.Dhakshanamoorthy 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 Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.2,07,812/(Rupees Two Lakhs Seven Thousand Eight Hundred and Twelve 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 appellant has preferred the present appeal. Now the appellant/claimant has agreed to receive a sum of Rs.4,00,000/- (Rupees Four Lakhs only) in addition to the amount already awarded by the Tribunal in full quit, which is also acceptable by the second respondent.

4. The second 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.

Booopathy Counsel for the appellant The Divisional Manager The New India Assurance Company Ltd., Pondicherry Division Office, TP Claims Hub, 30, JN Street, II nd Floor , Pondicherry - 1.

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/I Additional 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.

rna C.M.A.No.2071 of 2021 10.06.2023