K.Sabari Doss v. K.Deenadayalan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Miss.V.Ahalya, District Judge (Retd.) Ms.S.Farhath, Advocate CMA.No.80 of 2023 (Appeal against the judgment and decree passed in M.C.O.P.No.3221 of 2014 dated 09.01.2019 on the file of the Motor Accident Claims Tribunal/III Judge, Court of Small Causes, Chennai). K.Sabari Doss ... Appellant Vs 1.K.Deenadayalan 2.ICICI Lombard General Insurance Co.Ltd., Chotah Bhai Centre, 2nd Floor, No.140, Nungambakkam High Road Chennai - 600 034.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mrs.Ramya Rao, learned counsel for the Appellant and Mr.B.Sivakollappan learned counsel for the second Respondent are present before this Court. TERMS OF SETTLEMENT The claimant is seeking enhancement of compensation for the injury sustained by him. After trial, the Tribunal has awarded a sum of

Rs.1,08,500/-(Rupees One Lakh Eight Thousand and Five Hundred Only) with future interest at 7.5% per annum. After passing the award, the Insurance Company/2nd respondent had deposited the award amount which was already withdrawn by the Claimant.

2. After discussion and deliberation, the parties have arrived at a settlement and now resolved to enhance the compensation of Rs.90,000/- (Rupees Ninety Thousand Only) over and above the award passed by the Tribunal in full quit.

3. The second respondent/Insurance Company is directed to deposit the enhanced sum of Rs.90,000/- (Rupees Ninety Thousand Only) within a period of eight weeks.

4. On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the appellant's bank account on proper identification of them, in accordance with the terms of the award, without insisting on any formal petition.

5. The Appellant/Claimant is entitled to withdraw the entire enhanced amount of Rs.90,000/-(Rupees Ninety Thousand Only). Consequently, connected miscellaneous petition, if any, is closed. K.Sabari Doss Counsel for the Appellant

ICICI Lombard General Insurance Co.Ltd., Chotah Bhai Centre, 2nd Floor, No.140, Nungambakkam High Road Chennai - 600 034.

Counsel for the second Respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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/ III Judge, Court of Small Causes, 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

P.B.BALAJI, J.

rkp CMA.No.80 of 2023 08.06.2024