Ramesh @ Rameshkumar v. M.Kanagarajan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 22nd day of December 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.V.BALASUBRAMANIAN(Retd.) and Members Mr.I.Richard Mrs.N.Jayabharathi C.M.A.No.2676 of 2010 and M.P.No.1 of 2010 (Appeal against the judgment and decree passed on 26.03.2010 made in M.C.O.P.No.118 of 2009 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Nagapattinam) Ramesh @ Rameshkumar .. Appellant/Petitioner Vs.

1.M.Kanagarajan (ex-parte) 2.The New India Assurance Company Limited, Nagapattinam. Rep.by its Branch Manager, Office at Neela South Street, Nagapattinam Town & Munsif.

.. Respondents This case is not listed today. By consent of appellant and both counsel, this case is taken up for settlement before the Lok Adalat. Ms.J.B.Hepsibhah Jayanthi, learned counsel for the appellant and Mr.S.Selvendran, learned counsel for the second respondent 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.1,02,400/- with interest at 7.5% p.a. from the date of petition i.e.25.02.2009 till the date of realization. It is represented

by the learned counsel for the appellant/claimant that the award amount has already been deposited before the Tribunal.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.1,75,000/- (One Lakh Seventy Five Thousand only) in full quit as additional compensation.

3. The second respondent / Insurance Company is directed to deposit the additional award amount within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the claimant / appellant is permitted to withdraw the additional award amount and original award amount, if not already withdrawn without filing any formal petition. The Award is passed accordingly.

5.The Tribunal is directed to issue the cheque to the party concerned 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. Consequently connected miscellaneous petition is closed.

Sd/- Sd/- Ramesh @ Rameshkumar Counsel for the Appellant Sd/- The New India Assurance Company Limited, Nagapattinam. Rep.by its Branch Manager, Office at Neela South Street, Sd/- Nagapattinam Town & Munsif.

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(CS VII) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Nagapattinam.

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.2676 of 2010 and M.P.No.1 of 2010 rsy(CO) srg(07/01/2016)