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Madras High CourtCMA/1005/2014disposed of

A. Balasubramanian v. S. Madhavan

2019-07-13Honourable Mr Justice N. Anand Venkatesh2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.ANAND VENKATESH and MEMBERS:

1.J.Venkatesaperumal, District Judge (Retd.) 2.M.Dhamodharan C.M.A.No.1005 of 2014 Against the award and decree dated 30.11.2010 in M.C.O.P.No.3857 of 2007 on the file of the Motor Accidents Claims Tribunal, IV Judge, Court of Small Causes, Chennai.

A.Balasubramanian .. Appellant /versus/ 1.S.Madhavan (1st respondent remained exparte before the Tribunal) 2.United India Insurance Company Ltd ..Respondents Even though this case is not listed today, this case taken up for settlement before the Lok Adalat. Both parties are present. Mr.V.Ramya V.Rao, learned counsel for the appellant, Mr.D.Baskaran, 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 The claimant has filed the appeal against the order of the tribunal for enhancement of compensation. The claim petition was filed for a total claim of Rs.10,00,000/. The tribunal has passed an award for a sum of Rs.2,42,400/-. The parties have arrived at a settlement.

The claimant is present in person along with his counsel. The claimant has agreed to receive a consolidated sum of Rs.1,25,000/- in full quit over and above the compensation amount awarded by the tribunal. This amount now ordered shall be deposited by the Insurance Company within a period of six weeks from today. It is reported that the claimant has already withdrawn the amount deposited by the Insurance Company.

2. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party concerned on proper identification in accordance with the terms of the award, without http://www.judis.nic.in insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed, if any.

N.ANAND VENKATESH,J.

Uma/ub A.Balasubramanian Counsel for the appellant 2.United India Insurance Company Ltd Counsel for the Respondents 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 Member To:The parties/Advocates concerned Copy to:

1.The Motor Accident Claims Tribunal, IV Judge, Court of Small Causes, 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 uma/ub C.M.A.No.1005 of 2014 http://www.judis.nic.in 13.07.2019