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Madras High CourtCMA/2979/2014settled before the lokadalats

United India Insurance v. B. Ragunath

2019-03-09Honourable Mr Justice M. Nirmal Kumar4 pages

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.2979 of 2014 and C.M.P.No.1 & 3630 of 2014 The Appeal is filed to set aside the decree and Judgment dated 13.12.2013 passed in M.C.O.P No.4542 of 2012 on the file of Motor Accidents Claims Tribunal-VI, Chennai (VI Small Causes Court, Chennai).

United India Insurance Co.Ltd., No.134, Sillingi Buildings, 4th floor, Greams Road, Chennai - 600 006.

...Appellant Vs.

1.B.Ragunath No.12, Saivamuthaiaah 6th street, Royapettah, Chennai-600 014.

2.G.Vinoth Kumar, B-9, Dad Quarters, St.Thomas Hospital, Nandambakkam Chennai-600 089.

...Respondents

This case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.F.Terry Chella Raja and the learned for the respondent

Mr.Thirugnanam 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 appellant has preferred the present appeal aggrieved against the Award of the Tribunal to enhance the compensation.

2. It is represented by the United India Insurance Co. Ltd., that the amount claimed before the Tribunal is Rs.3,00,000/- and the amount awarded by the Tribunal is Rs.1,41,100/- and the same has been deposited in the Court.

3.By way of compromise, it is agreed by both side that the claimants are entitled to withdraw a sum of Rs.1,06,100/- with accrued interest from the Court deposit. The insurance company is entitled to withdraw the balance with Rs.35,000/- with accrued interest from the Court deposit.

4.The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected miscellaneous Petitions are closed. 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.

United India Insurance Co.Ltd., No.134, Sillingi Buildings, 4th floor, Greams Road, Chennai - 600 006.

... Counsel for the Appellant 1.B.Ragunath 2.G.Vinoth Kumar ... Counsel for the Respondent Judge Member Member 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.

M.NIRMAL KUMAR.J, vv2 C.M.A.No.2979 of 2014 09.03.2019