Rajeswari v. N.Jayaraj

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.2646 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.1419 of 2019, dated 29.09.2021 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

1.Rajeswari 2.Dhanam ... Appellants Vs 1.N.Jayaraj 2.United India Insurance Co., Limited, D.O.T.P. Cell, No.134, Greams Road, Chennai - 6.

3.K.Loganathan 4.TATA AIG General Insurance Co. Limited., Claims Department, II Floor, Somson Towers, No.403-L, Pantheon Road, Egmore, Chennai.

... Respondents This case is taken up for settlement before the National Lok Adalat. Mr.U.Chithambaram, learned counsel for the Appellants and Mr.P.Sankaranarayanan, learned counsel for the second Respondent are present before this Court.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal had been filed by the Appellants/Claimants for enhancement. The Tribunal awarded a sum of Rs.12,35,000/- (Rupees Twelve Lakhs and Thirty Five Thousand Only) as compensation for the death of first appellant's husband and second appellant's son.

2. The second respondent/Insurance Company entered into an agreement whereby the appellants agreed to receive a sum of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand only), in full quit, over and above amount awarded by the Tribunal.

3. It was agreed that the appellants are entitled to receive a sum of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand only), in full quit, over and above the amount awarded by the Tribunal.

4. The second respondent/Insurance Company is directed to deposit the enhanced sum within a period of eight weeks from today (11.02.2023).

5. The appellants are entitled to withdraw the entire enhanced amount equally along with the balance amount deposited in the trial Court. Consequently, connected miscellaneous petition, if any, is closed. 1.Rajeswari

2.Dhanam Counsel for the Appellants 1.N.Jayaraj 2.United India Insurance Co., Limited., D.O.T.P.Cell, No.134, Greams Road, Chennai - 6.

Counsel for the second Respondent 3.K.Loganathan 4.TATA AIG General Insurance Co. Limited., Claims Department, II Floor, Somson Towers, No.403-L, Pantheon Road, Egmore, Chennai.

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 Accidents Claims Tribunal, Chief Judge, 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

SATHI KUMAR SUKUMARA KURUP, J.

srm CMA.No.2646 of 2022 11.02.2023