S. Yuvaraj v. M/S.Nazareth Matric Hr.Sec.School

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee 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 Mr.JUSTICE B.GOKULDAS (Retd.) AND Members 1.Mr.M.Jagan, Legal aid counsel 2.Mr.V.Arumugam, District Judge (Retd.) C.M.A.No.2358 of 2024 (Against the award and decree passed on 14.12.2023 made in M.C.O.P.No.148 of 2020 on the file of the Motor Accident Claims Tribunal, (Subordinate Judge) Ponnammallee).

S.Yuvaraj, S/o.Selvam ... Appellant Vs.

1.M/s.Nazareth Matric. Hr. Sec. School Kamaraj Nagar, Avadi, Chennai 600 071.

2.United India Insurance Co. Ltd., (Third party Cell) at No.43/397A, 1st floor Annai Indra Gandhi Street Rajajipuram, Thiruvallur 602 001 .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.K.Varadha Kamaraj and the learned counsel for the second respondent Mr.P.Sankara Narayanan 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 above appeal has been preferred by the claimant, challenging the quantum of amount awarded by the Tribunal. The Tribunal has awarded a sum of Rs.1,05,000/- 3.The parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.75,000/- (Rupees seventy five thousand only) over and above the amount awarded by the Tribunal, in full quit to the claimant, within a period of six weeks from the date of receipt of a copy of this order.

4.The Insurance Company shall deposit a sum of Rs.75,000/-, over and above the amount awarded by the Tribunal, if any, within a period of six weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimant is entitled to withdraw the entire award amount. 5.The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. S.Yuvaraj, S/o.Selvam Counsel for the Appellant United India Insurance Co. Ltd., (Third party Cell) at No.43/397A, 1st floor Annai Indra Gandhi Street Rajajipuram, Thiruvallur 602 001 Counsel for the second 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, (Subordinate Judge) Ponnammallee 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

B.GOKULDAS.,J.

sai/vca C.M.A.No.2358 of 2024 14.09.2024