G.Dharani Kumar v. M/S Balaji Transports

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th 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 G.K.ILANTHIRAIYAN and Members Mr.N.Sivathanu, District Judge (retd) Mr.S.Arokiamaniraj C.M.A.NO.1039 OF 2014 (Appeal against the judgment and decree passed on 14.11.2011 made in MCOP.No.3647 of 2009 on the file of the Motor Accidents Claims Tribunal (VI Court of Small Causes), Chennai.

G.Dharani Kumar ..

Appellant /versus/ 1.M/s.Balaji Transports, No.21, Xavier Street, Teynampet, Chennai-6 2.National Insurance Co.Ltd., New.No.96, Old.No.164, Kutchery Road, 1st Floor, Mylapore, Chennai-4 .. Respondents (R1 set exparte before the Tribunal) This case is taken up for settlement before this Lok Adalat. Both the parties are present. The appellant/claimant and Mr.S.Arunkumar, 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 Tribunal has awarded a sum of Rs.2,18,800/- with interest at the rate of 7.5% per annum as compensation to claimant. Being not satisfied with the award amount, the claimant has preferred this appeal. 2.After due deliberation and consultation, both the parties have agreed to

the modify the award amount to a sum of Rs.4,25,000/- (Rupees Four Lakhs and Twenty Five Thousand Only) in full quit over and above the award amount passed by the Tribunal and the same is hereby, awarded. The award is enhanced accordingly.

3. It is submitted by the the Insurance Company that the award amount passed by the Tribunal was already deposited and the same was withdrawn by the claimant. As such R2/ Insurance company is directed to deposit the enhanced amount, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer the entire modified award amount to the Bank account of the appellant /claimant by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. 4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petition is closed, if any. G.Dharani Kumar Counsel for the Appellant National Insurance Co.Ltd., New.No.96, Old.No.

164, Kutchery Road, 1st Floor, Mylapore, Chennai-4 Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement.

Act, 1955 and 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 ( VI 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

G.K.ILANTHIRAIYAN, J.

lok C.M.A.NO.1039 OF 2014 Dated : 13.07.2019