K.Raja v. T.Kuppusami

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of December, 2017 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE RMT. TEEKAA RAMAN and Members:

Miss.V.Ahalya (District Judge. Retd.) Mr.M.Dhamodaran C.M.A.No.3204 of 2007 (Appeal against the award and decree passed on 23.01.2007 in M.C.O.P.No.802 of 2004 on the file of the Motor Accidents Claims Tribunal, (Additional District and Sessions Court, Fast Track Court No.1), Salem.) K.Raja .. Appellant Vs.

1.

T.Kuppusami 2.

The United India Insurance Co. Ltd., 19/2A Junction Main Road, Raja Kalyana Mahal Opp. Five Road, Salem - 4.

...Respondents

This case came up for settlement before the National Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.K.Kuppusamy and the learned counsel for the second respondent Mr.S.Arunkumar 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.50,000/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.90,000/- (Rupees Ninety Thousand only) in full quit.

RMT. TEEKAA RAMAN,J.

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3. The second respondent / Insurance Company is directed to deposit the enhanced award amount of Rs.90,000/- (full quit), within a period of four weeks from the date of receipt of a copy of this award. On such deposit, the claimant / appellant is permitted to withdraw the enhanced award amount without filing any formal petition. The Award is passed accordingly.

4. 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. K.Raja Counsel for the Claimant The United India Insurance Co. Ltd., 19/2A Junction Main Road, Raja Kalyana Mahal Opp. Five Road, Salem - 4.

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 parties 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 Member To :

The parties/Advocate concerned

Copy to:

1.The Motor Accidents Claims Tribunal, Additional District and Sessions Court, Fast Track Court No.1, Salem.

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

RMT. TEEKAA RAMAN,J.

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