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Madras High CourtCMA/2707/2024disposed of

Ammani v. Thillai Mathivanan

2025-03-08Honourable Mr Justice D.Bharatha Chakravarthy5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Members :

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) (Appeal against the judgment and decree passed on 21.12.2021 made in M.C.O.P.No. 99 of 2019 on the file of the Motor Accidents Claims Tribunal, I Additional District and Sessions Judge at Cuddalore. 1.Ammani 2.Dhanam 3.Palanivel ... Appellants / Petitioners

Versus

1.Thillai Mathivanan 2.Divisional Manager, The New India Insurance Co.Ltd., Door No.179, III Floor, J.N.Street, Puducherry.

... Respondents / Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, the learned 1/5

Counsel for the appellants is present. Mr.R.Nalliappan, the learned Counsel for the first respondent and Mrs.R.Sreevidhya, Insurance Company Official are also 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 the respective learned Counsels are also present.

2. The appellants have challenged the award amount of Rs.4,96,552/-.

3.

In this case, the award has been made in MCOP No. 99 of 2019 for a sum of Rs.4,96,552/- along with further interest. The entire award amount along further interest is already deposited to the credit of MCOP No.99 of 2019 and the claimants have already withdrawn the same. Over and above the same, as full quit, another sum of Rs.3,25,000/- shall be deposited by the second respondent / Insurance Company. The said sum shall be deposited within a period of eight weeks from the date of receipt of a copy of this award. Upon such deposit, the said sum shall be paid to the appellants without insisting of any formal application and only upon filing of a Memo and verification of identity. The apportionment will be in the same proposition as that of the Trial Court. 2/5

The Civil Miscellaneous Appeal is disposed of accordingly. 1.Ammani 2.Dhanam 3.Palanivel Counsel for the Appellants 1.Thillai Mathivanan 2.Divisional Manager, The New India Insurance Co.Ltd., Door No.179, III Floor, J.N.Street, Puducherry. Counsel for the Respondents 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 3/5

To: The parties/Advocate concerned Copy to:

1. Motor Accidents Claims Tribunal/ I Additional District and Sessions Judge at Cuddalore.

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. +7 copies grs / veda 4/5

D.Bharatha Chakravarthy, J.

grs / veda C.M.A.No. 2707 of 2024 08.03.2025 5/5