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Madras High CourtCMA/2800/2024settled before the lokadalats

A.Agilraj v. T.Pedda Muni Reddy

2025-06-14Honourable Mr Justice M.Jeyapaul (Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of JUNE, 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 M.Jeyapaul (Retd.) AND MEMBERS :

Mr.M.Pughazhendi, District Judge, (Retd.) Mrs.V.Pushpalatha, (Advocate) (Appeal against the judgement and decree, dated 13.03.2024 passed in M.C.O.P. No.5881 of 2017 passed by the Motor Accidents Claims Tribunal, Chennai/Special Sub Court-I, Court of small causes, Chennai.) A.Agilraj (Petitioner is represented by his wife and next friend Mallieeswari.

Since petitioner felt illness due to head injury, cannot represent for himself, hence, represented by his wife as his next friend) ... Appellant Vs

1. T.Pedda Muni Reddy 2.National Insurance, Co, Ltd., Motor Third Party Claims Regina Mansion, No.46, Moore Street, Chennai - 600 001.

... Respondents 1/5

This case came up for settlement before the Lok Adalat. Both parties present. Mr.L.Mohan Rao, Mrs.S.Bharathi and Mr.L.Monish Rao, learned counsels for the Appellant and M/s.R.Sreevidhya, learned counsel for the second Respondent are present.

After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : (i) The appellant filed the case before the Motor Accident Claims Tribunal, Chennai, claiming a compensation of Rs.50,00,000/-. The Tribunal awarded a sum of Rs.26,01,000/- with interest and costs. Aggrieved against the above amount awarded by the Tribunal, the claimants have made an appeal before the High Court.

(ii) Both the parties have initiated negotiations and successfully arrived at a settlement of all the issues arisen in this case. The second respondent, National Insurance Company Limited has agreed to pay a further sum of Rs.5,00,000/- over and above the amount awarded by the Tribunal in full quit within two months from the date of receipt of the order passed by this Lok Adalat. The appellant also agreed to receive the above additional amount to be paid within two months from the date of receipt of this order.

(iii) Both the parties made a formal request to the Lok Adalat to pass an award in terms of the above settlement.

2/5

(iv)As a result, the award is passed hereby in terms of the above compromise arrived at between the parties directing the second respondent/National Insurance Company Limited to pay additionally, a sum of Rs.5,00,000/- (Rs.five lakhs only) over and above the award which was passed by the Tribunal in full quit within two months from the date of receipt of copy of this order. The amount of Rs.5,00,000/- proposed to be deposited by the second respondent/ National Insurance Company Limited be disbursed to the appellant herein forthwith.

(v) Consequently, the appeal stands disposed of. (vi) The Court fee paid by the appellant be refunded. (vii) Upon such deposit, the appellant/claimant is entitled to withdraw the entire sum without any formal application and only upon verification of the identity.

(viii) Accordingly, this Civil Miscellaneous Appeal is settled. Consequently, connected Miscellaneous petition is closed.

A.Agilraj Mallieeswari (next friend of appellant) Counsel for Appellant 3/5

2nd Respondent Counsel for 2nd 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 71-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 2 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, Chennai/Special Sub Court-I, 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 msr/ep 4/5

Mr. JUSTICE M.JEYAPAUL (Retd.) msr/ep 14.06.2025 5/5