Madras High CourtCMA/3281/2021settled before the lokadalats

Nitish Kumar v. Deepa

2023-10-14Honourable Mr Justice B. Gokuldas(Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

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 Mr.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A.No.3281 of 2021 (Appeal against the judgment and decree passed on 03.09.2021 made in M.C.O.P.No.7227 of 2017 on the file of the Motor Accident claims Tribunal (Special Sub Court No.2, Small Causes Court, Chennai). Nitish Kumar .. Appellant (Amended as per order in M.P.No.5 of 2021 dated 08.04.2021) Vs.

1.Deepa 2.M/s.United India Insurance Company Ltd., Regional Office, MTP Claims Hub, Silingi Building, No.134, Old No.40-42, Greams Road, 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.R.Mohan Babu and the first respondent no appearance and the learned counsel for the 2nd respondent Mr.P.Sankaranarayanan 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 Tribunal has awarded a sum of Rs.7,48,260/- (Rupees Seven Lakhs Forth Eight Thousand Two Hundred and Sixty only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation, that has been fully deposited by the 2nd respondent / Insurance Company.

3. Aggrieved by the award, the appellant has preferred the present appeal. Now the claimant has agreed to receive a sum of Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand only) as full quit over and above the tribunal award which is also acceptable by the 2nd respondent / Insurance Company.

4. The 2nd respondent / Insurance Company is directed to deposit the award amount, within a period of six weeks from the date of receipt of a copy of this order. Award is passed accordingly. On such deposit, the claimant is permitted to withdraw the Award amount before the Tribunal.

5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. 6.The appeal is ordered accordingly.

Nitish Kumar Counsel for the appellant 1.Deepa 2.M/s.United India Insurance Company Ltd., Regional Office, MTP Claims Hub, Silingi Building, No.134, Old No.40-42, Greams Road, Chennai - 600 006.

Counsel for the 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 (Special Sub Court No.2, 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.

B.GOKULDAS.J, (Retd.) rna C.M.A.No.3281 of 2021 14.10.2023