Manikandan v. Sadaiyan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :

Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) (Appeal against the judgement and decree, dated 06.06.2024 passed in M.C.O.P.No.100 of 2022 passed by the Motor Accidents Claims Tribunal, Kallakurichi.) Manikandan ... Appellant Vs 1.Sadaiyan 2.The Oriental Insurance Co. Ltd.

No.20, Gandhi Road Kallakurichi ... Respondents This case came up for settlement before the Lok Adalat. Both parties present. Mr.Amar Dineshbhai Pandiya, learned counsel for the Appellant and Mr.J.Chandran, learned counsel for the 2nd respondent are present. After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : 1/4

TERMS OF SETTLEMENT (i) Appeal filed by the claimant challenging the Award of Rs.2,13,280/- as inadequate. The Award passed by the Claims Tribunal was already deposited before the Claims Tribunal.

(ii) As per the terms and conditions arrived at between the parties, there shall be an Award for a sum of Rs.1,10,000/- in full quit, which represents the amount over and above i.e., Rs.2,13,280/- as awarded by the Claims Tribunal. (iii) The 2nd respondent/Insurance Company agreed to deposit the Award amount passed in this Lok Adalat to the credit of M.C.O.P. within a period of four weeks from the date of receipt of a copy of this Award; (iv) Upon such deposit, the Appellant/Claimant is entitled to withdraw the entire sum without any formal application and only upon verification of the identity.

Manikandan Counsel for Appellant The Oriental Insurance Co. Ltd.

No.20, Gandhi Road Kallakurichi Counsel for 2nd Respondent This Lok Adalat Award is passed in terms of the above settlement. 2/4

The full court fee paid shall be refunded to the Appellant in the manner provided under Section 71-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 2 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, Kallakurichi.

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 gya 3/4

Dr. JUSTICE S.VIMALA gya 14.09.2024 4/4