T.K. Gayathri Devi v. T.A. Abdulla Basha

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th February 2020 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE M. DHANDAPANI and Members Mr.V.C. Suresh, Sub Judge, Retd.

Mr.P. Madhan C.M.A.No.2902 of 2014 (Appeal against the Judgment and Decree dated 22.11.2011 made in M.C.O.P. No.3972 of 2007, on the file of the V Judge, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai.) T.K. Gayathri Devi, W/o. V. Rajasekaran ...

Appellant /versus/

1. T.A. Abdulla Basha

2. National Insurance Co. Ltd., No.169, Anna Salai, 2nd Floor, Chennai - 600 002 (R1 remained exparte before the Tribunal) .. Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mrs. Ramya V. Rao, learned counsel for the appellant and Mr.D. Baskaran, 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 claimant/appellant herein claimed a sum of Rs.10,00,000/- as compensation before the Tribunal. However, the Tribunal has awarded a sum of Rs.3,71,000/-with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the said compensation, the appellant/claimant has preferred the present appeal.

2. After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.1,75,000/-(Rupees One Lakh Seventy Five Thousand Only) over and above the amount awarded by the Tribunal in full quit.

3.The 2nd respondent/Insurance company is directed to deposit the modified award amount arrived at today, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P. No.3972 of 2007 on the file of the V Judge, Motor Accident Claims Tribunal, Court of Small Causes, Chennai, failing which, the 2nd respondent/Insurance Company shall deposit the modified award amount with simple interest at the rate of 6% p.a. On such deposit being made, the 1st appellant/claimant is permitted to withdraw the award amount.

4. The Tribunal is directed to transfer the above said 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.

5.The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected civil miscellaneous petition, if any, is closed. T.K. Gayathri Devi, W/o. V. Rajasekaran Counsel for the Appellant National Insurance Co. Ltd., No.169, Anna Salai, 2nd Floor, Chennai - 600 002 Counsel for the 2nd 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 per sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member

M.DHANDAPANI,J.

lbm To:The parties/Advocate concerned Copy to:

1.V Judge, Motor Accidents Claims Tribunal, 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.2902 of 2014 08.02.2020