Damodaran v. Shanthi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of March 2025 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.SENTHILKUMAR and Members Mr.P.Rosiah, District Judge (Retd.) Mr.E.V.Chandru @ E.Chandrasekaran, Advocate C.M.A.No.2359 of 2024 (Appeal against the judgment and decree passed on 29.02.2024 made in M.C.O.P.No.2573 of 2018 on file of the learned Special Sub Court - I, Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

Damodaran ... Appellant Vs.

1.Shanthi 2.Reliance General Insurance Company Ltd., No.6, 6th Floor, Hawdoss Road, Nungambakkam, Chennai - 600 034.

... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the Appellant Mr.B.Senthilkumar, the learned counsel for the second respondent, Mr.Suresh Srinivasan are present. No appearance for the first 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 The learned counsel appearing on either side along with the parties have agreed for the mutual settlement.

2. The above appeal filed by the claimant seeking enhancement of the award made in MACTOP.No.2573 of 2018.

3. The Tribunal has awarded a sum of Rs.11,22,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellant has preferred the present appeal.

4. Both the learned counsel appearing for the parties stated that the second respondent/Insurance Company had already deposited the amount, as awarded by the Tribunal and the same has already been withdrawn by the appellant/claimant.

Now the second respondent/Insurance Company has agreed to pay a sum of Rs.4,50,000/- (Four Lakhs Fifty Thousand only) over and above the Tribunal's award amount. The Insurance Company is directed to deposit the said amount of Rs.4,50,000/- within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the said amount, without filing any formal petition.

5. The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned in accordance with the terms of the award without insisting on any formal permission petition. The Civil Miscellaneous Appeal is allowed, accordingly. Damodaran Counsel for the Appellant Reliance General Insurance Company Ltd., No.6, 6th Floor, Hawdoss Road, Nungambakkam, Chennai - 600 034.

Counsel for second 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. The Motor Accidents Claims Tribunal, Special Sub-Court - 1, 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.

N.SENTHILKUMAR, J.

KKN C.M.A.No.2359 of 2024 08.03.2025