K.Manikandan v. Kumarababu

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June, 2025 NATIONAL 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.N.Balasubramanian, District Judge (Retd) Mrs.S.Thenmozhi, Advocate CMA No.1177 of 2025 Appeal against the Judgment and decree dated 25.03.2024 passed in M.C.O.P.No.3007 of 2018 on the file of the Motor Accidents Claims Tribunal (VI Judge, Court of Small Causes), Chennai. K.Manikandan ...Appellant Vs.

1.Kumarababu 2.The Manager, United India Insurance Company Ltd., T.P.Cell, No.34, Greams Road, 5th Floor, Chennai - 6.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, learned counsel for appellant and Mr.R.Ravichandran, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

1/4

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to set aside the Order in M.C.O.P.No.3007 of 2018 dated 25.03.2024 on the file of the Motor Accidents Claims Tribunal (VI Judge, Court of Small Causes), Chennai.

2.The Tribunal has awarded a sum of Rs.1,50,650/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

3.Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal. After due deliberation and consultation, both parties have agreed for enhancement of the award amount by a sum of Rs.1,50,000/- (Rupees one Lakh fifty five thousand only) in full quit over, and above the amount already awarded by the Tribunal, as compensation.

4.The 2nd respondent, The United India Insurance Company Limited, is directed to deposit the enhanced amount of Rs.1,50,000/- (Rupees one Lakh fifty five thousand only) in addition to the amount awarded by the Tribunal, if not already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the amount. Award is passed accordingly.

2/4

5. The Tribunal is directed to transfer the amount in favour of the claimant through RTGS/NEFT, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. K.Manikandan Counsel for the Appellant The Manager, United India Insurance Company Ltd., T.P.Cell, No.34, Greams Road, 5th Floor, Chennai - 6.

Counsel for the 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 Copy to:

1.The Motor Accidents Claims Tribunal (VI Judge, 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.+2 copies 3/4

P.B.BALAJI.J., ata/cda CMA.No.1177 of 2025 14.06.2025 4/4