M.Stella Mary v. S.Anbuselvi
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 04th day of August 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.CHOCKALINGAM (Retd.) and Member Mrs.D.Shanthakumari C.M.A.No.150 of 2022 (Appeal against the judgment and decree dated 15.02.2021 made in M.C.O.P.No.5107 of 2017 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai)
1. M.Stella Mary
2. Minor D.S.Daniica
3. Minor D.V.S.Rishon (Minor Petitioners 2 & 3 are rep. by their mother & next friend Mrs.Stella Mary)
4. A.S.Chinnappan .. Appellants Vs.
1. S.Anbuselvi
2. The New India Assurance Company Limited, 252, NSC Bose Road, VI Floor, Chennai - 600 001.
.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.S.Udhayakumar, learned counsel for the appellants and Mr.T.Jayaraman, 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.77,98,212/- with interest at 7.5% per annum from the date of filing of the claim petition i.e. 01.09.2017 till the realization. It is represented by the learned counsel for the appellants/claimants that the lower court award amount has already been deposited before the Tribunal and the same has been withdrawn by the appellants /claimants.
2. Not satisfied with the award of the Tribunal, the appellants/claimants have preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty 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 two weeks from the date of receipt of a copy of this order.
4. On such deposit, the first appellant is permitted to withdraw a sum of Rs.6,50,000/- and the fourth appellant is permitted to withdraw a sum of Rs.1,00,000/- in full quit (inclusive of interest). The second and third appellants /claimants being the minors allotted Rs.2,00,000/- each and their amount shall be deposited in nationalised bank till they attain majority. The Award is passed accordingly.
5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the
parties 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.
1. M.Stella Mary
2. Minor D.S.Daniica
3. Minor D.V.S.Rishon (Minor Petitioners 2 & 3 are rep. by their mother & next friend Mrs.Stella Mary)
4. A.S.Chinnappan Counsel for the Appellants The New India Assurance Company Limited, 252, NSC Bose Road, VI Floor, Chennai - 600 001.
Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Special Sub Court No.1, 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 G.CHOCKALINGAM, J.(Retd.)
adl C.M.A.No.150 of 2022 04.08.2022