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Madras High CourtCMA/2119/2014disposed of

J. Duraivelu v. Aquarious Logistics Pvt Ltd

2021-09-24Honourable Mr.Justice A.Ramamurthi(Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 24th day of September 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.) and Member Mr.J.Venkatesaperumal CMA.No.2119 of 2014 (Appeal against the judgment and decree passed on 20.02.2014 made in M.C.O.P.No.2968 of 2010 on the file of the Motor Accidents Claims Tribunal Special Court I, Chennai) Mr.J.Duraivelu ... Appellant Vs.

1. M/s Aquarious Logistics Pvt Ltd, (ex-parte before the Tribunal)

2. Bajaj Allianz General Insurance Co Limited No.25&26 Prince Towers, IV Floor, College Road, Nungambakkam, Chennai - 600 034.

... Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.T.G.Ravichandran, learned counsel for the appellant and Mr.R.V.Sivaraj, 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: TERMS OF SETTLEMENT The claimant/ appellant has preferred the present appeal for enhancement of the award from Rs.48,000/-

2. Now parties have agreed to enhance the award amount to Rs,70,000/- in full quit over and above the award amount.

3. The Insurance Company is directed to deposit the enhanced award amount within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the claimant is entitled to withdraw the amount before the Court below. Award is passed accordingly.

5. 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 petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any.

Sd/- Sd/- Mr.J.Duraivelu Counsel for the Appellant Sd/-

2. Bajaj Allianz General Insurance Co Limited No.25&26 Prince Towers, IV Floor, College Road, Nungambakkam, Sd/- Chennai - 600 034.

Counsel for the 2nd respondent 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.

Sd/- Judge Sd/- Member *The Xerox Copy of the Joint Memo of compromise enclosed Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal Special Court I, 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 C.M.A.No.2119 of 2014 nmi[co] srg 01/11/2021