Gunavathi v. Venkatachalam
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE R.SURESH KUMAR and Members:
Ms.V.Ahalya, Dist.Judge (Retd) Ms.V.J.Latha C.M.A.No.2694 of 2019 Appeal against the Judgment and Decree dated 25.01.2019 made in M.A.C.T.O.P.No.331/2014 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge Court, Tiruchengode.
Gunavathi .. Appellant Vs.
1. Venkatachalam
2. United India Insurance Co., Ltd., 146N, Kumar Complex Anna Salai, Tiruchengode Namakkal District.
...
Respondents On representation made by both the counsels, this case is taken up for settlement. Both the parties are present. Mr.C.Paraneedharan, learned counsel for the appellant and Mr.C.Paranthaman, 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 This appeal is filed as against the award passed by the Motor Accidents Claims Tribunal, Subordinate Judge Court, Tiruchengode, under which the Tribunal awarded compensation to the extent of Rs.1,02,778/- with 7.5% interest.
2. Now today, after negotiation, deliberation and discussion with the parties, the parties arrived at an amicable settlement under which, the following settlement has been arrived.
a) Over and above the award of the Tribunal, the appellant / claimant shall be paid a further sum of Rs.45,000/- (Rupees Forty Five Thousand only) as full quit. b) It is made clear that as per the award of the tribunal, the award amount will carry interest as ordered by the Tribunal.
c) The present enhanced amount of Rs.45,000/- settled between the parties, over and above the amount already awarded by the tribunal, will not carry any interest.
d) Since the entire award amount has already been deposited, the enhanced amount of Rs.45,000/- (Rupees Forty Five Thousand only), shall be deposited by the Insurance Company within a period of four weeks. e) The pay and recovery already ordered by the Tribunal shall continue. f) The claimants shall be free to withdraw the entire award including the enhanced amount as per the settlement arrived today, by filing a formal petition before the Tribunal and once such petition is filed, without insisting upon any other formalities, he shall be given the payment out.
3. The Civil Miscellaneous Appeal is settled and disposed of accordingly. Gunavathi Counsel for the Appellant
1. Venkatachalam United India Insurance Co., Ltd., 146N, Kumar Complex Anna Salai, Tiruchengode Namakkal District.
Counsel for the respondents 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, Subordinate Judge Court, Tiruchengode. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, E.R/V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies
R.SURESH KUMAR,J.
Kst / gbi C.M.A.No.2694 of 2019 13.07.2019