Madras High CourtCMA/2293/2022settled before the lokadalats

Geetha v. G.Thyagarajan

2022-11-12Honourable Mrs Justice R. Hemalatha5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R. HEMALATHA and Members Mr.V. Arumugam, District Judge (Retd.) Mrs. A. Alamelu, Advocate CMA No.2293 of 2022 (Appeal against the judgment and decree passed on 30.03.2022 made in M.C.O.P.No.3601 of 2018 on the file of the Motor Accidents Claims Tribunal/ Chief Judicial Magistrate, Cuddalore).

Geetha .. Appellant Vs.

1. G. Thyagarajan

2. The Divisional Manager The New India Assurance Co. Ltd.

No.179, JN Road, Puducherry .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Ms.Ramya V.Rao and the second respondent are present.

TERMS OF SETTLEMENT The MCOP No.3601/2018 was filed by the appellant for the injuries sustained by her in a road accident that took place on 28.04.2018 and the claimant had filed the claim petition claiming a compensation of Rs.25,00,000/- together with interest @ 18% p.a. The learned Judge, Motor Accidents Claims Tribunal, Cuddalore, had awarded a sum of Rs.3,82,780/- together with interest @ 7.5% per annum. Agrrieved over the same, the present Civil Miscellaneous Appeal is filed by the claimant.

2. Now the Appellant has agreed to receive a sum of Rs.3,50,000/- in full quit in addition to the award amount of Rs.3,82,780/- passed by the Tribunal.

3. It is represented that the tribunal award of Rs.3,82,780/- has already been depositied and withdrawn by the claimant.

4. The second respondent/Insurance Company is directed to deposit a sum of Rs.3,50,000/-, to the credit of MCOP No.3601/2018 on the file of the Motor Accidents Claims Tribunal/ Chief Judicial Magistrate, Cuddalore, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the settled amount. Award is passed accordingly.

5.The Tribunal is directed to issue the cheque to the party 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.

Geetha Counsel for the appellant The Divisional Manager The New India Assurance Co. Ltd.

No.179, JN Road, Puducherry Counsel for the second respondent This National 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.

Judge Member Member

To The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal/ Chief Judicial Magistrate, Cuddalore 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.

R. HEMALATHA, J.

bga CMA No.2293 of 2022 12.11.2022