Madras High CourtCMA/1847/2024settled before the lokadalats

Sankari v. Rukmangathan

2024-09-14Honourable Mr Justice B. Gokuldas(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee 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 Mr.JUSTICE B.GOKULDAS (Retd.) AND Members 1.Mr.M.Jagan, Legal aid counsel 2.Mr.V.Arumugam, District Judge (Rtd) C.M.A.No.1847 of 2024 (Against the award and decree passed on 09.02.2021 made in M.C.O.P.No.4789 of 2015 on the file of the Motor Accidents Claims Tribunal, V Court of Small Causes Court, Chennai.

Sankari, W/o.Rukmangathan ... Appellant Vs.

1. Rukmangathan S/o.Kannan,

2. United India Insurance Company Limited, Third Party Hub, Sillingi building, No.134, Greams Road, Murugesanaicker Street, Chennai-600 006.

... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.U.Chidambaram and the learned counsel for the 2nd respondent Mr.P.Sankara Narayanan 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 above appeal has been preferred by the claimant challenging the quantum of amount awarded by the Tribunal.

3.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.2,25,000/- (Rupees two lakhs twenty five thousand only ) in full quit to the respondent, within a period of six weeks from the date of receipt of a copy of this order.

4.The Insurance Company shall deposit a sum of Rs.2,25,000/-, less the amount already deposited before the Tribunal, if any, within a period of eight weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimant shall be entitled to withdraw the award amount as per the ratio of apportionment made by the Tribunal. 5.The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Sankari, W/o.Rukmangathan Counsel for the Appellant

1. Rukmangathan S/o.Kannan,

2. United India Insurance Company Limited, Third Party Hub, Sillingi building, No.134, Greams Road, Murugesanaicker Street, Chennai-600 006.

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 Motor Accident Claims Tribunal, V Court of Small Causes Court, 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.+2 copies

B.GOKULDAS.,J.

jai/gvn CMA.No.1847 of 2024 14.09.2024