Madras High CourtCMA/3191/2021settled before the lokadalats

The Manager v. Amit Virani @ Amit Kumar

2022-06-14Honourable Mr Justice T.N.Vallinayagam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 14th day of June 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM (Retd.) and Member Mr.S.Boothanathan, District Judge, Retd.

CMA.No.3191 of 2021 and CMA.No.45 of 2022 and CMP.No.18174 of 2021 CMA.No.3191 of 2021 : Appeal against the judgment and decree dated 21.04.2021 made in M.C.O.P.No.5035 of 2017 on the file of the Motor Accidents Claims Tribunal (In the III Court of Small Causes / FAC) Chennai.

The Manager, National Insurance Company Limited, No.46, 3rd Floor, Moore Street, Chennai - 600 001.

..Appellant/2nd Respondent Vs.

1. Amit Virani @ Amit Kumar

2. Dipti A.Virani ..Respondents/Petitioners

3. Subhash Verma - ex-parte before the Tribunal ..Respondent/I Respondent CMA.No.45 of 2022 : Appeal against the judgment and decree dated 21.04.2021 made in M.A.C.T.O.P.No.5035 of 2017 on the file of the Motor Accidents Claim Tribunal and in the III Court of Small Causes, Chennai.

1. Amit Virani @ Amit Kumar

2. Dipti A.Virani ..Appellants

Vs.

1. Subash Verma (Since R1 remained ex-parte before the Tribunal his presence may be dispensed with)

2. The Manager National Insurance Company Limited, No.46, 3rd Floor, Moore Street, Chennai - 600 001.

..Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.D.Bhaskaran Counsel for the Insurance Company and Mr.V.Suman for A.G.F. Teery Chella Raja, Counsel for the claimants 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 appeal is filed by the Insurance Company in CMA.No.3191 of 2021 and the parties in CMA.No.45 of 2022.

2. Both parties settled the compensation amount at Rs.26,00,000/- in full quit. The amount already deposited by the Insurance Company shall be deducted and the balance shall be paid by the Insurance Company within a period of six weeks. The claimants are entitled to 50% of the award each Rs.13,00,000/- (Rupees Thirteen Lakhs only)

3. Parties are entitled to withdraw the entire amount of their share so deposited from the Lower Court following the usual procedure.

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 are disposed of accordingly. Consequently connected miscellaneous petition is closed.

Sd/- The Manager, National Insurance Company Limited, No.46, 3rd Floor, Moore Street, Chennai - 600 001.

Sd/- Counsel for the Insurance Company

Sd/-

1. Amit Virani @ Amit Kumar Sd/- Sd/-

2. Dipti A.Virani Counsel for the Claimants This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellants 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. Sd/- Sd/- Judge Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal and in the III 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 CMA.No.3191 of 2021 and CMA.No.45 of 2022 and CMP.No.18174 of 2021 MG (CO) PR (29/06/2022)