J.Rathinamala v. V.R.Sankar (Exparte)

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 N.SENTHILKUMAR and Members

1. Mr.K.Ramakrishnan District Judge (Retd.)

2. Mrs.S.S.Jothivani Senior Advocate C.M.A.No.1695 of 2023 (Appeal against the judgment and decree passed on 11.01.2023 made in M.C.O.P.No.7852 of 2016 on the file of the Motor Accident Claims Tribunal in the V - Court of Small Causes, Chennai. Rathinamala ... Appellant/ Petitioner Vs

1. V.R.Sankar (Exparte)

2. Cholamandalam MS General Insurance Company Limited, Thambu Chetty Street, Chennai - 600 002.

3. M/s. Future General India Insurance Company Limited, No.55, Vijaya Raghava road, T. Nagar, Chennai - 600 017.

... Respondents/ Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.R.Mohan Babu, learned counsel for the Appellant and Mr.M.B.Ragavan, learned counsel for the third 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.2,00,000/-, with interest at 7.5% per annum, from the date of petition i.e.,23.12.2016 till the date of realisation. Aggrieved by the award of the Tribunal, the appellant / claimant had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to enhance the award to a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) in full quit as compensation.

3. The third respondent - Insurance Company is directed to deposit the amount of compensation now arrived at today within a period of six weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.7852 of 2016, on the file of the Motor Accident Claims Tribunal, V-Court of Small Causes, Chennai. On such deposit being made, the appellant / claimant is permitted to withdraw the amount on filing proper applications.

4. The Tribunal is directed to transfer the above said award amount to the Bank account of the appellant / claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

5. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition is closed. Counsel for the Appellant Counsel for the 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 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member

N.SENTHILKUMAR, J.

stn To:The parties/Advocate concerned Copy to:

1.The V Judge, V 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 C.M.A.No.1695 of 2023 08.06.2024