Athilakshmi v. Babyrani
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - I organised by the High Court Legal Services committee Wednesday, the 28th day of September, 2022 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 Member Mrs.S.Kanmani Selvam, District Judge, Retd.
C.M.A.No.1580 of 2022 Appeal against the judgment and decree dated 23.04.2022 made in M.C.O.P.No.193 of 2019 on the file of the Motor Accident Claims Tribunal / Sub Court, Panruti.
1.Athilakshmi 2.Kalaiyarasan 3.Udhayakumar 4.Damayanthi .. Appellants Vs.
1.Babyrani 2.Radhakrishnan (Respondents 1 & 2 remained ex-parte before the Tribunal) 3.The Manager, United India Insurance Company Limited, Plot No.35,36,37 AR Plaza, 45 feet road, Balaji Nagar Extn, Saram, Puducherry - 605 011.
.. Respondents This case came up for settlement before the Lok Adalat. M/s. Ramya V.Rao, learned counsel for the Appellants, Mr.R.V.Sivaraj for
Mr.M.B.Raghavan, learned counsel for the third Respondent and Mr.R.Ramesh, Manager, United India Insurance Company Limited, Regional Office, Puducherry 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.15,01,250/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit. It is represented by the Insurance Company that they had already deposited the entire award amount with interest in the tribunal.
2. Not satisfied with the award of the Tribunal, the claimants / appellants has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) over and above the award amount (Rs.15,01,250/-) passed by the Tribunal in full quit as additional compensation.
3. The second respondent / Insurance Company is directed to deposit the enhanced award amount of Rs.3,50,000/- in full quit, within a period of six weeks from the date of receipt of a copy of this
order.
4. On such deposit being made, the claimants / appellants are permitted to withdraw their shares in the same ratio as apportioned before the Tribunal without filing any formal petition. The 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.
6. The Civil Miscellaneous Appeal is disposed of accordingly. 1.Athilakshmi 2.Kalaiyarasan 3.Udhayakumar 4.Damayanthi Counsel for the Appellants
The Manager, United India Insurance Company Limited, Third Party Service Hub, Plot No.35,36,37 AR Plaza, 45 feet road, Balaji Nagar Extn, Saram, Puducherry - 605 011. Counsel for the 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 2 r/w 25 of LSA Act 1987 as amended in 1994.
Judge Member To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, Sub Court, Panruti.
2. The Secretary, High Court Legal Services Committeee, Chennai.
3. The Secion Officer, V.R.Section, High Court, Madras.
4. The Section Officer, Lok Adalat Section, High Court Madras + 2copies
K.GNANAPRAKASAM, J.(Retd) drl C.M.A.No.1580 of 2022 28.09.2022