Meganathan v. C.Mothilal

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - I organised by the High Court Legal Services Committee Wednesday, the 7th day of December 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.S. Gunaseelan Mrs. Nirmala Kumari C.M.A.No.1888 of 2012 (Award against the Judgment and decree passed on 28.07.2010 and made in M.A.C.T.O.P.No.3938 of 2002 on the file of the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai) Mr. Meganathan ...Appellant/Petitioner - Vs - 1.Mr.C. Mothilal 2.The National Insurance Co. Ltd.,

...Respondents/Respondents

This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.Terry Chella Raja, the learned counsel for the Appellant and Mrs.N.B. Surekha, 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: TERMS OF SETTLEMENT The appeal in C.M.A.No.1888/2012 pending on the file of the Hon'ble High Court, Madras and preferred against the award passed in M.C.O.P.No.3938/2002 on the file of VI Small Causes Court, Chennai has been referred to Lok Adalat for conciliation today.

The appellant assisted by counsel and the 2nd respondent, National Insurance Company Limited, Chennai represented by Manager are present before the Lok Adalat today for conciliation.

This is the case of Motor Accident causing injury to the claimant who is the appellant herein. The Tribunal has awarded a sum of Rs.1,18,000/- with interest at 7.5 % p. a. from the date of petition till the date of deposit. Admittedly the award amount has been deposited in the Competent Court. Aggrieved at

the award passed by the Tribunal the Claimant / Appellant has come forward with this appeal. After great deliberation and discussion. Both parties have compromised the disputed claim at Rs.1,00,000 towards full quit of the amount in addition to the award already passed by the Tribunal.

In view of the compromise arrived at between both parties the Lok Adalat here by declare and decree that the 2nd respondent National Insurance Company Limited, Chennai shall pay a sum of Rs.1,00,000 towards full quit of the claim in the appeal and the said amount shall be deposited before the Competent Court within 4 weeks from the date of receipt of copy of this award. Immediately on deposit of the Enhancement compensation by the 2nd respondent before the Competent Court, the appellant / claimant is permitted to withdraw the entire amount immediately without filing any formal petition. Award is passed accordingly no order as to cost.

Sd/- Sd/- Mr. Meganathan Counsel for the Appellant Sd/- The National Insurance Co. Ltd., Sd/- Counsel for the Second 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ep

To The parties/Advocate concerned Copy to

1. The Motor Accident Claims Tribunal, VI Judge, Small Causes Court,

2. The Secretary, High Court Legal Services Committee,

3. The Section Officer, V.R.Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court, Madras.(+2 copies) SCD(CO) RS(13/02/2017) C.M.A.No.1888/2012