Sakthivel v. S.Rajaram

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 04.08.2021 passed in M.C.O.P. No.18 of 2021 passed by the Motor Accidents Claims Tribunal (Principal Sub Court, Kallakurichi) Sakthivel ... Appellant Vs

1. S.Rajaram

2. The TATa AIG General Insurance Co. Ltd., 9th Floor, Ganpatrao Kadam Marg, Lower Parel Mumbai - 400 013 ... Respondents This case came up for settlement before the Lok Adalat. Both parties present. Mr.K.Suryanarayanan, learned counsel for the appellant and Mr.K.Vinod, learned counsel for the 2nd respondents are present. 1/4

After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : TERMS OF SETTLEMENT (i) As against the Award passed by the Claims Tribunal for a sum of Rs.30,900/- on 04.08.2021, this Appeal is preferred by the Appellant as inadequate (ii) As per the terms and conditions arrived at between the parties in the Lok Adalat, now, there shall be an Award for a sum of Rs.3,25,000/- in full quit which is over and above the amount awarded by the claims Tribunal. (iii) The 2nd respondent/Insurance Company shall deposit a sum of Rs.3,25,000/- to the credit of M.C.O.P. within a period of four weeks from the date of receipt of a copy of this Order;

(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.

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Sakthivel Counsel for Appellant The TATa AIG General Insurance Co. Ltd., 9th Floor, Ganpatrao Kadam Marg, Lower Parel Mumbai - 400 013 Counsel for 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. 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, Court (Principal Sub Court, 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 3/4

Dr. JUSTICE S.VIMALA mac 14.09.2024 4/4