Madras High CourtCMA/2448/2024settled before the lokadalats

Kannan(Died), 1. Radha v. Barhath

2024-09-14Honourable Dr. Justice S. Vimala (Lok-I) (Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :

Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) (Appeal against the judgement and decree, dated 12.01.2024 passed in M.C.O.P. No.181 of 2022 passed by the learned Exclusive Motor Accident Claims Tribunal, Dharmapuri) Kannan (died)

1. Radha

2. Minor Srinithi

3. Minor Deepika (Minor represented by its next friend mother Radha) ... Appellants Vs

1. Barhath 1/5

2. The Oriental Insurance Co.Ltd., No.13, Dharmapuri Main Road, Near IOC, Pennagaram, Petrol Bunk, Dharmapuri District - 636 810 ... Respondents This case came up for settlement before the Lok Adalat. Both parties present. Mr.Amar D.Pandiya for Mr.G.Selvaraj, learned counsel for the Appellants and Mr.J.Chandran, 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 : TERMS OF SETTLEMENT The claimant filed this Appeal challenging the Award passed for a sum of Rs.69,91,600/- on 12.01.2024. The Award is challenged as inadequate.

(ii) As per the terms and conditions arrived at between the parties in the Lok Adalat, now, there shall be an Award for a sum of Rs.5,00,000/- in full quit which is over and above the Award already passed for a sum of Rs.69,91,600/-.

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(iii) The respondent is directed to deposit the enhanced Award amount of Rs.5,00,000/-, within a period of four weeks from the date of receipt of a copy of this Award.

(iv) Out of the Award amount of Rs.5,00,000/-, a sum of Rs.3,00,000/- is payable to the first Appellant and the balance amount of each Rs.1,00,000/- is payable to the second and third respondents. As the second and third respondents are minor claimants, the amount shall be kept in the Bank deposit, till their time of majority. (v) Upon such deposit, the Appellants/claimants are entitled to withdraw the entire sum without any formal application and only upon verification of the identity.

1. Radha

2. Minor Srinithi

3. Minor Deepika Counsel for Appellants

1. Barhath 3/5

2. The Oriental Insurance Co.Ltd., No.13, Dharmapuri Main Road, Near IOC, Pennagaram, Petrol Bunk, Dharmapuri District - 636 810 Counsel for 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 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 Exclusive Motor Accident Claims Tribunal, Dharmapuri.

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 mn/mac 4/5

Dr. JUSTICE S.VIMALA mn 14.09.2024 5/5