V.Santhoshkumar v. Isha Foundation

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of March 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.JEYAPAUL and Members Mr.V.ARUMUGAM, District Judge (Retd.,) Mr.K.JAYARAMAN, Advocate C.M.A.No.4110 of 2019 (Appeal against the judgment and decree passed on 08.02.2019 in M.C.O.P.No.1816 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Judge, Cuddalore), by enhancing the award amount. V.Santhoshkumar, S/o.Vasanthakumar .. Appellant /vs/ 1.Isha Foundation, 5, Govindasamy Naidu Lay Out, Singanallur, Coimbatore - 641 005.

(Set-exparte in lower Court, hence given up) 2.The Divisional Manager, National Insurance Company Limited, Do.No.110, JN Street, Puducherry.

.. Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Ms.Ramya V.Rao, learned counsel for appellant and Mr.S.Vadivel, learned counsel for the respondents 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 along with their respective counsel are present.

2. Both the parties amicably settled the dispute that has arisen between them.

3. Both the parties have agreed for the following terms: "(i) Over and above, a sum of Rs.5,67,920/- with interest and cost awarded by the Trial Court, the second respondent/Insurance Company has agreed to pay additionally a sum of Rs.9,50,000/- in full quit and the same was accepted by the appellant V.Santhoshkumar."

4. In the above terms agreed between the parties, this Civil Miscellaneous Petition stands disposed of.

5. The second respondent/Insurance Company is directed to deposit the above additional amount of Rs.9,50,000/- as agreed within a period of six weeks from the date of receipt of a copy of this order and on such deposit, the appellant is entitled to withdraw the said amount from the Trial Court. V.Santhoshkumar, S/o.Vasanthakumar Counsel for the Appellant 1.Isha Foundation, 5, Govindasamy Naidu Lay Out, Singanallur, Coimbatore - 641 005.

(Set-exparte in lower Court, hence given up) 2.The Divisional Manager, National Insurance Company Limited, Do.No.110, JN Street, Puducherry.

Counsel for the respondents

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 To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special Sub Judge, Cuddalore. 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

M.JEYAPAUL.J., arb/ssi C.M.A.No.4110 of 2019 12.03.2022