K.S.Daniel Raj v. K.Mariappan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and Members Mr. R. Ravindra Bose, District Judge (Retired) Mr. M.Selvaraj, Advocate (Appeal against the Judgment and Decree passed on 19.01.2023 in M.C.O.P.No.558 of 2015 on the file of the Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai.
K.S.Daniel Raj ...Appellant/Petitioner Vs.
1. K.Mariappan
2. United India Insurance Co.Ltd., Silingi Building, New No.134, Old No.40-45, Greams Road, Chennai - 600 006.
...Respondents/Respondents
On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mrs.Ramya.V.Rao, learned counsel for the appellant and Mr.D.Baskar, learned counsel for the 2nd 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 1/4
It is the claimant's appeal. Seeking compensation for the injury caused to him in the accident, he sought for compensation of Rs.40,00,000/-.
2. The Tribunal has awarded a sum of Rs.17,51,000/- with interest at 7.5% per annum from the date of petition till the date of realization and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/Claimant had preferred the present appeal.
3. The learned counsel appearing on either side submitted that the compensation amount of Rs.17,51,000/- has been deposited together with interest by the Insurance Corporation and the same has been drawn by the appellant.
4. Pending Appeal, the parties have settled the matter between themselves and they have agreed for a sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) as full quit over and above the compensation amount awarded by the Tribunal.
5. The appellant/claimant is present and agreed to receive a sum of Rs.5,50,000/- as full quit over and above the compensation amount awarded by the Tribunal.
6. The 2nd respondent/Insurance company is directed to deposit a sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) within a period of eight weeks from the date of receipt of a copy of this order. Award is passed accordingly.
7.The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of 2/4
the Award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. K.S.Daniel Raj Counsel for the Appellant
1. K.Mariappan
2. United India Insurance Co.Ltd., Silingi Building, New No.134, Old No.40-45, Greams Road, Chennai - 600 006.
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 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 vum To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal (IV Court of Small Causes), Chennai 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies V. LAKSHMINARAYANAN,J.
vum 3/4
08.06.2024 4/4