Priya v. S.Rajamani
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of September, 2023 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 Ms.V.Ahalya, District Judge (Retired) Mrs.D.Sathya, Advocate C.M.A.No.1204 of 2023 (Appeal against the Judgment and Decree passed on 30.01.2023 in M.C.O.P.No.381 of 2019 on the file of the Motor Accidents Claims Tribunal, (II Additional District and Sessions Judge) Tiruvallur at Poonamallee)
1. Priya
2. Valliyammal ... Appellants Vs.
1.S.Rajamani 2.The United India Insurance Company Ltd., Motor Third Party Claim Cell, Having its Office at No.48, Arcot Road, Saligramam, Chennai 600 093.
....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. Mr.K.Varadhakamaraj, learned counsel for the appellant and Mr.D.Baskaran, 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: 1/3
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.23,54,800/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the claimants have preferred the present appeal.
2. The appellants, who are the wife and mother of the deceased are present.
3. The learned counsel for the Insurance Company submitted that the award of the Tribunal was already deposited.
4. The learned counsel for the appellants states that the said amount has been withdrawn.
5.After due deliberation and consultation, both the parties have agreed to settlement for a sum of Rs.6,00,000/- (Rupees six lakhs only) in full quit over and above the amount awarded by the Tribunal. 6.The second respondent/Insurance Company is directed to deposit the sum of Rs.6,00,000/- (Rupees six lakhs only) within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimants/appellants are permitted to withdraw the said amount in the ratio of 50:50, i.e., Rs.3,00,000/- each, without filing any formal petition. Award is passed accordingly.
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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 the Award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
1. Priya
2. Valliyammal Counsel for the Appellants 1.S.Rajamani 2.The United India Insurance Company Ltd., Motor Third Party Claim Cell, Having its Office at No.48, Arcot Road, Saligramam, Chennai 600 093.
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 pvs To:The parties/Advocate concerned Copy to:
1.The II Additional District and Sessions Judge, Tiruvallur at Poonamallee. 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 C.M.A.No.1204 of 2023 09.09.2023 3/3