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Madras High CourtCMA/2124/2022settled before the lokadalats

R.Prabhakaran v. B.Sudha

2023-02-11Honourable Mr Justice Sathi Kumar Sukumara Kurup5 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 C.M.A.No.2124 of 2022 and CMA.SR.No.132478 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.2292 of 2016 dated 18.07.2022 on the file of the Motor Accidents Claims Tribunal / II Additional Subordinate Judge, Cuddalore.

R.Prabhakaran ...Appellant in CMA.No.2124 of 2022 Vs 1.B.Sudha 2.Tata AIG General Insurance Co.Ltd., II Floor, Samson Towers, Pantheon Road Egmore, Chennai 600 008.

3.M.Bhoopathy Puducherry 605 008.

... Respondents in CMA.No.2124 of 2022 Tata AIG General Insurance Co.Ltd., II Floor, Samson Towers, Pantheon Road Egmore, Chennai 600 008.

... Appellant in CMA.SR.No.132478 of 2022

Vs 1.R.Prabakaran 2.B.Sudha 3.B.Bhoopathy Puducherry 605 008. ... Respondents in CMA.SR.No.132478 of 2022 ............

These cases are taken up for settlement before the National Lok Adalat. M/s.Ramya V.Rao, learned counsel for the Appellant and Mr.K.Vinod for second Respondent in C.M.A.No.2124 of 2022 are present before this Court.

TERMS OF SETTLEMENT The Civil Miscellaneous Appeal No.2124 of 2022 has been filed by the claimant aggrieved by the award of a sum of Rs.83,32,108/- (Rupees Eighty Three Lakhs Thirty Two Thousand One Hundred and Eight only) by the Tribunal for enhancement.

2. The appeal filed by Tata AIG General Insurance Co.Ltd., is in SR stage i.e., CMA.SR.No.132478 of 2022 challenging the quantum.

3. During the pendency of the Appeals, the second Respondent/Insurance Company in C.M.A.No.2124 of 2022 arrived at a settlement with the Appellant/Claimant thereby, the Appellant/Claimant have agreed to receive a sum of Rs.90,00,000/- (Rupees Ninety Lakhs Only), in full quit.

4. It was agreed that the appellant/claimant in C.M.A.No.2124 of 2022 is entitled to receive a sum of Rs.90,00,000/- (Rupees Ninety Lakhs only) in full quit.

5. The second respondent/Insurance Company is directed to deposit the agreed amount within a period of four weeks from today (11.02.2023).

6. On such deposit, the Appellant/Claimant is entitled to withdraw the entire amount now agreed. Consequently, both the appeals disposed of. R.Prabhakaran Counsel for Appellant 2.Tata AIG General Insurance Co.Ltd., II Floor, Samson Towers, Pantheon Road Egmore, Chennai 600 008.

3.M.Bhoopathy Puducherry 605 008.

Counsel for Respondents Tata AIG General Insurance Co.Ltd., II Floor, Samson Towers, Pantheon Road Egmore, Chennai 600 008.

Counsel for Appellant 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/II Additional Subordinate Judge, Cuddalore.

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.

dna/dh C.M.A.No.2124 of 2022 and CMA.SR.No.132478 of 2022 11.02.2023