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Madras High CourtCMA/1844/2020settled before the lokadalats

Venda v. Rajaraman

2022-11-12Honourable Mr Justice Sunder Mohan4 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 Mr.JUSTICE SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.K.Shivakumar C.M.A.No.1844 of 2020 (Appeal against the judgment and decree passed on 04.12.2019 made in M.C.O.P.No.5792 of 2016 on the file of the Motor Accidents Claims Tribunal/ II Court of Small Causes, Chennai) Venda ... Appellant Vs.

1.Rajaraman (R1 remained exparte before the Tribunal) 2.Reliance General Insurance Company Limited, No.6, Haddows Road, Reliance House, Nungambakkam, Chennai 600 006.

... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.G.Dinesh for Mr.F.Terry Chella Raja and the learned counsel for the second respondent, Ms.C.Bhuvanasundari are present. No appearance for the first respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.15,11,600/-(Rupees fifteen lakh eleven thousand and six hundred only) with interest at 7.5% p.a. from the date of numbering of the petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellant/claimant has preferred the present appeal, for enhancement.

4. Now the Appellant has agreed to receive a sum of Rs.16,00,000/-(Rupees sixteen lakh only) in full quit (without interest), which is also acceptable to the second respondent. The second respondent/Insurance Company has already deposited a sum of Rs.25,000/- before the Tribunal. Therefore, the second Respondent is directed to deposit the remaining amount viz., Rs.15,75,000/-(Rupees fifteen lakh seventy five thousand only), 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 On such deposit, the claimant is permitted to withdraw the entire Award amount after deducting the amount already withdrawn by him, if any. Award is passed accordingly.

5. The Tribunal is directed to follow the usual mode of payment on proper identification to the concerned party in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Venda Counsel for the appellant Reliance General Insurance Company Limited, No.6, Haddows Road, Reliance House, Nungambakkam, Chennai 600 006.

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/II Judge, 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.

SUNDER MOHAN, J.

sri/sai C.M.A.No.1844 of 2020 12.11.2022