R. Alamedu v. R.Manoharan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Saturday, the 11th day of December, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B. GOKULDAS (Retd.) and Members

1. Mr.C.Raghavan, District Judge (Retd)

2. Mr.Pa.Kadirvel, Advocate C.M.A.3662 of 2014 (This Civil Miscellaneous Appeal is filed against the judgement and decree dated 30.06.2014 passed in M.C.O.P.No.3259 of 2012 on the file of the Motor Accidents Claims Tribunal, Chennai (In the II Court of Small Causes, Chennai).

1. R.Alamelu

2. S.Ramu .. Appellant Vs.

1.R.Manoharan 2.United India Insurance Company Limited, Sillingi Building, No.134, Greams Road, Chennai 600 006 .. Respondent This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.Um.Ravichandran and Ms.J.Jayapriya and the learned counsel for 2nd respondent Mr.P.Sankaranarayanan 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 1/4

The Tribunal has awarded a sum of Rs.10,42,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. After due deliberations, both the parties have agreed to a sum of Rs.4,00,000/- (Rupees four lakhs only) over and above the amount awarded by the Tribunal in full quit as compensation.

3. The second respondent / Insurance Company is directed to deposit the above said award amount within a period of four weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the appellant is permitted to withdraw the settled award amount of Rs.4,00,000/- (Rupees four lakhs only) before the Tribunal without filing any formal petition.

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 petition. The Civil Miscellaneous Appeal is disposed of accordingly.

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1. R.Alamelu

2. S.Ramu Counsel for the Appellant United India Insurance Company Limited, Sillingi Building, No.134, Greams Road, Chennai 600 006 Counsel for 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 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 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, Chennai, II 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+2 copies srn/mrp B. GOKULDAS (Retd.) srn/mrp 3/4

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