Kannappan v. N. Kathiravan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE M.JOTHIRAMAN and Members:

1.Mr.G.DHANARAJ, B.Sc., B.L., District Judge (Retd.,) 2.Mrs.V.VIJAYALAKSHMI, M.A., B.L., (Adv.) Civil Miscellaneous Appeal is filed to enhance the compensation in MCOP.No.207 of 2019 on the file of the Motor Accident Claims Tribunal (Subordinate-Judge) at Krishnagiri dated 01.07.2023. V.Kannappan ... Appellant Vs.

1.N.Kathiravan 2.The New India Assurance Company Ltd., East Coast Chamber, No.92, GN Chetty Road, T.Nagar, Chennai - 600 017.

... Respondents With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.S.Udhayakumar, learned counsel for the appellant and Mr.J.Chandran, 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:

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TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.2,70,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization (excluding the period of dismissal for default, if any) with costs as compensation. Aggrieved by the award of the Tribunal, the appellant has preferred the present appeal. 2.After due deliberation and consultation, both the parties have agreed to settle the amount to the tune of Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only) without any interest, in full quit, over and above the amount awarded by the Tribunal. The learned counsel appearing on behalf of the appellant submitted that the aforesaid amount of Rs.2,70,000/- has already been deposited along with interest before the Tribunal and the same was withdrawn by the claimant.

3.The second respondent is directed to deposit the amount of Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only) without any interest, within a period of eight (8) weeks from the date of receipt of a copy of this award. 4.The appellant is permitted to withdraw the same, without filing any formal petition. 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 petitions. 2/4

5.The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petitions, if any, is also closed. V.Kannappan Counsel for Appellant 1.N.Kathiravan (Exparte) 2.The New India Assurance Company Ltd., East Coast Chamber, No.92, GN Chetty Road, T.Nagar, Chennai - 600 017.

Counsel for second Respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation 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 3/4

M.JOTHIRAMAN, J.

tsh/vm To: The parties/Advocate concerned Copy to:

1.Motor Accidents Claim Tribunal/ Subordinate-Judge, Krishnagiri. 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 14.06.2025 4/4