R.Sivakumar v. N.Senthil

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of February 2023 NATIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE T.V.THAMILSELVI and Members

1. Mr. P.Rosiah, District Judge (Retd)

2. Mrs.A.Veeramarthini C.M.A.No.3222 of 2021 K.Siva Kumar ... Appellant Vs

1. N.Senthil

2. The Divisional Manager The New India Assurance Co Ltd., III Floor, No.179, JN Street, Puducherry-605 001 ... Respondents

3. The Managing Director, Tamil Nadu State Transport Corporation (Vpm-Divn-I)Ltd., 3/137, Salamedu, Vazhutharareddy Post, Villupuram-605 401.

(1st and 3rd respondents remained exparte before the tribunal) This Civil Miscellaneous Appeal has been filed against the Award in M.C.O.P. No.283 of 2019 dated 26.07.2021 on the file of the Motor Accidents Claims Tribunal/Special Officer-Cum-Additional Sub Judge, Puducherry. This case came up for settlement before the Lok Adalat. Both the parties are present. Ms.Ramya V.Rao,learned counsel for the Appellant, Mr.C.Ramesh Babu, learned Advocate for the second Respondent 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 The Tribunal has awarded a sum of Rs.7,85,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit. It is represented by the learned counsel for the second respondent that they have already deposited the award amount before the Tribunal and the said amount already has withdrawn by the claimant/appellant. Aggrieved by the award of the Tribunal, the appellant has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.5,50,000/- (Rupees Five lakhs and fifty thousand only) along with interest 7.5% as additional compensation.

3. The second respondent/Insurance company is directed to deposit the enhanced award amount of Rs.5,50,000/- (Rupees Five lakhs and fifty thousand only) along with 7.5% interest, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the claimant/appellant is permitted to withdraw his enhanced award amount of Rs.5,50,000/- along with interest , before the Tribunal without filing any formal petition. The Award is passed accordingly.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

6. This Civil Miscellaneous Appeal is disposed of accordingly. K.Siva Kumar Counsel for Appellant The Divisional Manager The New India Assurance Co Ltd., III Floor, No.179, JN Street, Puducherry-605 001 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 69-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

T.V.THAMILSELVI, J.

Vv Copy to:

1. The Special Officer-Cum-Additional Sub Judge, Puducherry 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 C.M.A.No.3222 of 2021 11.02.2023