Bakkiamary v. R.Dass

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th September 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.) and Members Mr.J.Justin David, District Judge (Retd.) Mr.M.R.Surya Kumar, Advocate CMA.No. 3372 of 2021 (Appeal against the judgment and decree passed in M.C.O.P.No.5434 of 2016 dated 07.12.2020 on the file of the Motor Accident Claims Tribunal/Special Sub-Court - I, Small Causes Court, Chennai).

1.Bakkiamary 2.Jothi Mary 3.Kalpana 4.E.Uma ... Appellants Vs

1.R.Dass 2.Reliance General Company Limited, Legal Department, Reliance House, 6th Floor, No.6, Haddows Road, Nungambakkam, Chennai - 6.

...Respondents

With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present. Ms.M.Malar, learned counsel for the appellants and Mr.P.Suresh Srinivasan, learned counsel for the respondents 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 counsel are present.

2. The Claimants have preferred the present appeal, aggrieved against the award amount of Rs.13,20,000/- with interest.

3. Now the parties agreed to modify the award with further amount of Rs.7,00,000/- (Rupees Seven lakhs only) in full quit, inclusive of interest.

4. The Insurance Company is directed to deposit the enhanced amount of Rs.7,00,000/- (Rupees Seven lakhs only) within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are entitled to withdraw the modified award amount in equal shares. If the Insurance Company failed to deposit the enhanced award amount within the time stipulated, the claimants are entitled to claim interest at 7.5% per annum from the date of default.

5. On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the claimants' bank account on proper identification of them, in accordance with the terms of the award, without insisting on any formal petition.

6. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions, if any, are closed.

1.Bakkiamary 2.Jothi Mary 3.Kalpana 4.E.Uma Counsel for the Appellants

1.R.Dass 2.Reliance General Company Limited, Legal Department, Reliance House, 6th Floor, No.6, Haddows Road, Nungambakkam, Chennai - 6.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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/ Special Sub-Court - I, Small Causes Court, 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

A.RAMAMURTHI, J. (Retd.) CMA.No.3372 of 2021 14.09.2024