Thulasi v. V. Marimuthu

NATIONAL LOK ADALAT Organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR and Members:

Mr.T. Sankara Narayanan Pillai Mr.Tranqubar Dorai Vasu C.M.A.No.2040 of 2014 This Appeal is filed against the Judgment and Decree dated 07.04.2014 made in M.A.C.T.O.P.No.2583 of 2012, on the file of the Motor Accident Claims Tribunal, III Judge Small Causes Court, Chennai.

1.Mrs.Thulasi 2.Arun Kumar (Minor) 3.Mahalakshmi (Minor) 4.Loganathan (Minor) [2 to 4 minor petitioners rep. by their mother the 1st petitioner] 5.Mrs.Kasthuri 6.Mr.Ramalingam All are residing at New No.33/15, Lakshmipuram, Vadapalani, Chennai - 26.

...Appellants Vs.

1.V.Marimuthu, S/o.Veerabathra Naicker, Kadaloor Village and Post, Cheyyur Taluk.

2.United India Insurance co. Limited,

No.134, Greams Road, Chennai - 600 006.

...Respondents

This case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned for the appellants Mr.Terry Chellaraj for Mr.V.Velu and the learned counsel for the 2nd respondent/appellant Mr.S.Arun Kumar 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 appellants have preferred the present appeal aggrieved against the Judgment and Decree dated 07.04.2014 made in M.A.C.T.O.P.No.2583 of 2012, on the file of the Motor Accident Claims Tribunal, III Judge Small Causes Court, Chennai to enhance the award amount.

2.The learned counsel for the appellants seeks permission of this Court to withdraw this Civil Miscellaneous Appeal and to that effect he also made the following endorsement:

"The claimants filed appeal as against exparte award passed by the Tribunal. Thereafter, the same decree passed by the Tribunal set aside. Now the appeal is not maintainable. Hence it is prayed this Hon'ble Court may be pleased to permit to withdraw as not pressed."

3.In view of the above said endorsement made by the learned counsel for the appellants, this Civil Miscellaneous Appeal is dismissed as withdrawn.

This 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.

1.Mrs.Thulasi 2.Arun Kumar (Minor) 3.Mahalakshmi (Minor) 4.Loganathan (Minor) [2 to 4 minor petitioners rep. by their mother the 1st petitioner] 5.Mrs.Kasthuri 6.Mr.Ramalingam ... Counsel for the Appellants United India Insurance Co. Ltd., No.134, Greams Road, Chennai - 600 006.

... Counsel for the 2nd Respondent Judge Member Member

M.NIRMAL KUMAR.J, ah To The parties/Counsel concerned Copy to 1.The Motors Accidents Claims Tribunal, In the III 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. C.M.A.No.2040 of 2014 09.03.2019