H.R. Kamakshi v. G. Mohandass

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C. SARAVANAN and Members Mrs.Revathi G.Mohan Mr.M.Sambasivam C.M.A.No.662 OF 2014 [Appeal against the judgment and decree passed on 16.03.2012 in MCOP.No.2601 of 2009 on the file of the Motor Accidents Claims Tribunal (VI Judge, Court of Small Causes), Chennai.

H.R.Kamakshi ... Appellant Vs.

1. G.Mohandass

2. Cholamandalam MS General Insurance Co, Ltd Dare House, NSC Bose Road, Chennai-1 (GCM-00070520-000-00).

..Respondents Though this case is not listed before this forum settlement, it is taken up for hearing at the instance of the learned counsel for the appellant. Both the parties are present. The learned counsel for the appellant M/s.A.N.Viswanatha Rao and learned counsel for the 2nd respondent / Insurance Company, Mr.M.Vijayaraghavan 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 Tribunal has awarded a sum of Rs.2,28,591/- with interest at 7.5% per annum from the date of petition till the date of deposit. It is represented by the learned counsel for the second respondent that the amount has already been deposited before the Tribunal.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to settle the dispute on payment of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only) in full quits over and above the amount already http://www.judis.nic.in awarded by the Tribunal.

C.SARAVANAN.,J.

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3. The 2nd respondent/Insurance Company is directed to deposit the enhanced award amount of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only) in full quit (inclusive of interest), within a period of eight weeks from the date of receipt of a copy of this order, failing which, it shall pay interest at the rate of 7.5% per annum from this date till the date of deposit. On such deposit, the claimant / appellant is permitted to withdraw the enhanced award amount without filing any formal petition. The Award is passed accordingly. 4.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. Consequently, connected Miscellaneous Petitions are closed, if any. H.R.Kamakshi Counsel for the Appellant Cholamandalam MS General Insurance Co, Ltd Dare House, NSC Bose Road, Chennai-1 (GCM-00070520-000-00).

Counsel for the 2nd respondent 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. Judge Member Member To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (VI 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. kv C.M.A.No.662 OF 2014 http://www.judis.nic.in