Madras High CourtCMA/3064/2021settled before the lokadalats

Selvakumar v. Poornima

2024-06-08Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.M.Sambasivam District Judge (Retd.) Mr.K.Ethirajalu Advocate C.M.A.No.3064 of 2021 (Appeal against the judgment and decree passed on 30.04.2021 made in M.C.O.P.No.146 of 2019 on the file of the Motor Accident claims Tribunal/II Additional District & Sessions Judge, Poonamallee. Selvakumar .. Appellant Vs.

1. Poornima

2. Reliance General Insurance Company Limited, No.6, Haddows Road, 6th Floor, Numgambakkam, Chennai - 600 034. .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Sivakumar and Ms.C.Bhuvanasundari, learned counsel for the 2nd respondent 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 Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.4,10,560/-(Rupees Four Lakhs Ten Thousand Five Hundred and Sixty only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. After due deliberation and consultation, both the parties have agreed to the settle the award amount as Rs.1,00,000/- (Rupees One Lakh only) in full quit (inclusive of interest and costs) over and above the award passed by the tribunal as compensation and the same is awarded accordingly.

4. The appellant is entitled to withdraw the enhanced amount now awarded by this Court.

5. The 2nd respondent/Insurance Company is directed to deposit the award amount, now ordered after deducting any amount already deposited, within a period of eight weeks from the date of receipt of a copy of this order. Award is passed accordingly.

6. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

7.The appeal is ordered accordingly. Consequently, the connected MP, if any, is closed.

Selvakumar Counsel for the appellant Reliance General Insurance Company Limited, No.6, Haddows Road, 6th Floor, Numgambakkam, Chennai - 600 034.

Counsel for the 2nd 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 the Motor Accident claims Tribunal/II Additional District & Sessions Judge, Poonamallee.

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.

K.GOVINDARAJAN THILAKAVADI, J.

dpq/mac C.M.A.No.3064 of 2021 08.06.2024