Madras High CourtCMA/3337/2021settled before the lokadalats

Saravanan v. S. Mathiew

2023-08-12Honourable Mr Justice P.B. Balaji5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 12th day of August 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.Balaji and Members Mr. K.V.Muthu Visakan Mr.A.Rathinavel, Retd.J C.M.A.No.3337 of 2021 (Appeal against the decree and judgment dated 26.03.2021 made in M.C.O.P.No.276 of 2016 on the file of Motor Accident Claims Tribunal, (II Addl.District Judge), Tiruvallur at Poonamallee. Saravanan .. Appellant Vs.

1. S.Mathiew

2. United India Insurance Co. ltd., No.48, Arcot Road, Saligramam, Chennai-600 093.

Branch Office at S.A.Stores Upstairs, Near Perumal Koil Temple, Poonamallee High Road, Poonamallee, Chennai-600 056.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant M/s.K.Varadha Kamaraj and the learned counsel for the 2nd respondent Mr.P.Sankara Narayanan 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 Claimant is the appellant. Aggrieved by which the award of Rs.2,69,830/-, the Civil Miscellaneous Appeal has been preferred for enhancement of award amount.

2. Today, the parties, after discussion with regard to amicable settlement have agreed that over and above the award amount, a sum of Rs.1,00,000/- shall be paid in full quit, full and final settlement by the 2nd respondent/United Insurance Company.

3. It is made clear that the 2nd respondent/United Insurance Company is entitled to pay and recover the trial court award amount from the 1st respondent.

4. The second respondent / Insurance Company is directed to deposit the said amount of Rs.1,00,000/- and within a period of six weeks from the date of receipt of a copy of this order. In case, the award amount has not been paid, the same shall also be deposited within the said period of six weeks.

5. On such deposit, the claimant / appellant is permitted to withdraw the trial court award amount if not withdrawn and additional award amount, without filing any formal petition. The Award is passed accordingly.

6. The Tribunal is directed to issue the cheque to the party 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. Saravanan Counsel for the Appellant United India Insurance Co. ltd., No.48, Arcot Road, Saligramam, Chennai-600 093.

Branch Office at S.A.Stores Upstairs, Near Perumal Koil Temple, Poonamallee High Road, Poonamallee, Chennai-600 056. Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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.The Motor Accidents Claims Tribunal, (II Addl.District Judge), Tiruvallur at Poonamallee.

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

P.B.BALAJI, J nhs/sms C.M.A.No.3337 of 2021 12.08.2023