Sekar v. Wise Travel India Private Limited

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A.No.1811 of 2022 (Appeal against the judgment and decree passed on 29.04.2022 made in M.A.C.T.O.P.No.764 of 2018 on the file of the Motor Accident claims Tribunal (Special Sub Court, Tiruvannamalai). Sekar .. Appellant Vs.

1.Wise Travel India Private Limited, No.137, Ground Floor, 2nd Cross Street, Domlur, Amarjothi layout, Bangalore 560 071.

(Since R1 remained ex-parte before the Tribunal his presence may be dispensed with) 2.The Divisional Manager, Bajaj Allianz General Insurance Company Limited, No.497, 498, 5th Floor, Ishana kathimma Building,

Poonamallee High Road, Aminjikarai, Chennai 600 106.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mrs.Sunithi Abirami for Mr.F.Terry Chella Raja and the learned counsel for the 2nd respondent Mr.E.Rajadurai 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.3,26,000/- (Rupees Three Lakhs Twenty Six Thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellant has preferred the present appeal. Now the claimant has agreed to receive a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as full quit over and above the tribunal award which is also acceptable by the 2nd respondent / Insurance Company.

4. The 2nd respondent / Insurance Company is directed to deposit the award amount, within a period of four weeks from the date of receipt of a copy of this order. Award is passed accordingly. On such deposit, the claimants are permitted to withdraw the Award amount.

5. 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. 6.The appeal is ordered accordingly.

Sekar Counsel for the appellant 1.Wise Travel India Private Limited, No.137, Ground Floor, 2nd Cross Street, Domlur, Amarjothi layout, Bangalore 560 071.

2.The Divisional Manager, Bajaj Allianz General Insurance Company Limited, No.497, 498, 5th Floor, Ishana kathimma Building, Poonamallee High Road, Aminjikarai, Chennai 600 106.

Counsel for the 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 Accident claims Tribunal (Special Sub Court, Tiruvannamalai). 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.

B.GOKULDAS.J, (Retd.) rna C.M.A.No.1811 of 2022 14.10.2023