Madras High CourtCMA/1748/2022disposed of

Selvamani v. Hari

2023-09-09Honourable Mr Justice J.Sathya Narayana Prasad4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th September 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD and Members Mr.K.V.Muthu Visakan Mr.K.Rama Krishnan, District Judge (Retired) C.M.A.No.1748 of 2022 Appeal against the judgment and decree passed on 28.11.2018 made in M.C.O.P.No.298 of 2017 on the file of the Motor Accidents Claims Tribunal,(FAC), Additional Sub Judge, Puducherry. Selvamani ..

Appellant /versus/ 1.Hari 2.The Manager, M/s.ICICI Lombard Insurance Co. Limited., 1st Floor, Building No.142, ECR Main Road, Kottupalayam, Puducherry.

Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.T.Ananthasekar, learned counsel for appellant and

Mr.Vinodh for M/s.P.Magesh, learned counsel for the second respondent is 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.5,83,500/- with interest at the rate of 7.5% per annum as compensation to the petitioner/claimant. Challenging the same, the appellant/claimant has preferred this appeal.

2. Not satisfied with the award of the Tribunal, the appellant/claimant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) in full quit (inclusive of interest) over and above the Tribunal award.

3. The second respondent/Insurance Company is directed to deposit the enhanced amount of Rs.75,000/- (Rupees Seventy Five Thousand Only) in full quit (inclusive of interest) over and above the Tribunal award, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit of the aforesaid enhanced amount by the second respondent/Insurance Company, the appellant/claimant is permitted to withdraw the same, without

filing any formal petition. The Award is passed accordingly.

4. 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. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any.

Selvamani Counsel for the Appellant 1.Hari 2.The Manager, M/s.ICICI Lombard Insurance Co. Limited., 1st Floor, Building No.142, ECR Main Road, Kottupalayam, Puducherry.

Counsel for the Second 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

J.SATHYA NARAYANA PRASAD, J.

jai/veda 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 To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal,(FAC), 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.1748 of 2022 Dated :09.09.2023