Kayalvizhi v. V. Venkatesan,
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September 2024.
LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.GNANAPRAKASAM (Retd.) and Members Mr.S.Baskaran District Judge (Retd.) Ms.Jemmy Vasanth Advocate C.M.A.No.2803 of 2023 (Appeal against the judgment and decree passed on 12.10.2022 made in M.C.O.P.No.7214 of 2015 on the file of the Motor Accident Claims Tribunal (III Judge, Court of Small Causes), Chennai.
1. Kayalvizhi
2. Prithika (Minor) Represented by Mother and next friend Kayalvizhi)
3. Vellaimmal
4. P.Vellaichamy .. Appellants Vs.
1. V.Venkatesan (Remained ex parte before the tribunal)
2. National Insurance Co Ltd., Third party claims office, No.756, Anna Salai, Chennai - 600 006.
.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellants Mr.N.M.Elumalai, the learned counsel for the first respondent Mr.G.Tamizhselvam and the learned counsel for the second respondent Mr.Mrs.R.Sree Vidya 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 Both the parties and their respective counsel are present.
2. The Tribunal has awarded a sum of Rs.18,52,400/- (Rupees Eighteen Lakhs Fifty Two Thousand and Four Hundred only) with interest at 7.5% p.a. from the date of filing of the claim petition till the realization. Aggrieved by the award, the appellants have preferred the present appeal.
3. After due deliberation and consultation, both the parties agreed to settle the matter. Now the Insurance Company/R2 has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) over and above the Tribunal's award amount, without interest. The Insurance Company is directed to deposit the
said amount of Rs.10,00,000/- (Rupees Ten Lakhs only) within a period of eight weeks from the date of receipt of a copy of this order.
4. The Tribunal is directed to issue the cheque to the appellants on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
5. The claimants/appellants are permitted to withdraw the Award amount as per the apportionment awarded by the Tribunal, after deducting the amount already withdrawn by the claimants/appellants, if any. The share of the minor shall be deposited in any Nationalized Bank till the minor is attained majority. The Civil Miscellaneous Appeal is disposed of accordingly.
1. Kayalvizhi
2. Prithika (Minor)
3. Vellaimmal Counsel for the Appellants
1. V.Venkatesan
2. National Insurance Co Ltd., Third party claims office, No.756, Anna Salai, Chennai - 600 006.
Counsel for the 2nd Respondent This National 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 III Judge, Court of Small Causes, The Motor Accident Claims Tribunal, 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.
K.GNANAPRAKASAM (Retd.) ham C.M.A.No.2803 of 2023 14.09.2024