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Madras High CourtCMA/2514/2024disposed of

The Manager v. Rajeswari R

2025-03-084 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of March, 2025 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.Pughazhendi, (Advocate) 2.Mr. S. Sridevi (Advocate) C.M.A.No.2514 of 2024 and C.M.P. No.19907 of 2024 (Against the award and decree passed on 30.11.2023 made in M.C.O.P.No.4747 of 2019 on the file of the Motor Accident Claims Tribunal, (II Court of Small Causes), Chennai.

The Manager, United India Insurance Company Ltd., Motor Third Party Claims Hub, Silingi Buildings, No.134, Greams Road, Chennai-600 006..

... Appellant/second respondent Vs.

1.

Rajeswari.R.

W/o. Rammoorthy ...first Respondent/Petitioner 2.

M/s. Sree Maruthi Enterprises, No.37, Vinayagar Koil Street, Perumalpattu Village, Vempampattu, Thiruvvallur District - 602 024. .. Second respondent/first respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.D. Bhaskaran and the learned counsel for the first respondent Mr.Amar D. Pandiya are present. No appearance for the second respondent. 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 Insurance Company, challenging the quantum of amount awarded by the Tribunal i.e., Rs.2,14,900/-. 3.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.1,75,000/- (Rupees One Lakh and Seventy five Thousand only)along with interest @ 7.5% to the first respondent/claimant, within a period of four weeks from the date of receipt of a copy of this order.

4.The Insurance Company shall deposit a sum of Rs.1,75,000/- along with interest @ 7.5%, less the amount already deposited before the Tribunal, if any, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the first respondent/claimant shall be 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. Consequently, the connected miscellaneous petition is closed.

The Manager, United India Insurance Company Ltd., Motor Third Party Claims Hub, Silingi Buildings, No.134, Greams Road, Chennai-600 006.

Counsel for the Appellant 1.

Rajeswari.R.

W/o. Rammoorthy Counsel for the first 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.Motor Accident Claims Tribunal, (II 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

B.GOKULDAS.,J.

mjs/vca C.M.A.No.2514 of 2024 and C.M.P. No.19907 of 2024 08.03.2025