Madras High CourtCMA/880/2022settled before the lokadalats

M/S. United India Insurance Co.Ltd., v. Kalyana Venkatesan

2023-02-11Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate CMA.No.880 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.1835 of 2015 dated 19.04.2021 on the file of the Motor Accident Claims Tribunal (IV Small Causes Court), Chennai.

United India Insurance Co., Ltd., Third Party Hub, Silingi building No.134, Greams Road, Murugesanaicker Street, Chennai 600 006.

... Appellant Vs 1.Kalyana Venkatesan 2.Dominic D. Silva

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.D.Baskaran, learned counsel for the Appellant and Mr.K.V.Muthu Visakan, learned counsel for the first Respondent are present before this Court.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal had been filed by the

Appellant/Insurance Company aggrieved by the award of the Tribunal a sum of Rs.9,72,000/- (Rupees Nine Lakhs and Seventy Two Thousand Only). The Appellant/Insurance Company entered into an agreement with the first Respondent/Claimant whereby, the first Respondent/Claimant agreed to receive a sum of Rs.1,60,000/- (Rupees one lakh and sixty thousand only) in addition to the award already passed by the Tribunal with interest at the rate of 7.5% per annum.

2. It was agreed that the first Respondent/Claimant is entitled to full enhanced sum of Rs.1,60,000/- (Rupees one lakh and sixty thousand only) in addition to the award already passed by the Tribunal with interest at the rate of 7.5% per annum from the date of filing the claim petition.

3. The Appellant/Insurance Company is directed to deposit the agreed amount within a period of 8 weeks from today.

4. On such deposit, the first Respondent/Claimant is entitled to withdraw the entire amount. Consequently, connected miscellaneous petition, if any, is closed.

United India Insurance Co., Ltd., Counsel for the Appellant (Kalyana Venkatesan) Counsel for the respondents

Dominic D. Silva This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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 Accident Claims Tribunal, IV Small Causes Court, 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

SATHI KUMAR SUKUMARA KURUP, J.

srm CMA.No.880 of 2022 11.02.2023