Madras High CourtCMA/2322/2023settled before the lokadalats

Mahalingam v. Muddasir Rahaman

2023-10-14Honourable Mr Justice B. Gokuldas(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A.No.2322 of 2023 (Appeal against the judgment and decree passed on 11.10.2022 made in M.C.O.P.No.3451 of 2015 on the file of the Special Sub Judge No.I to deal with MCOP cases, Small Causes Court, Chennai. Mahalingam .

.. Appellant Vs.

1. Muddasir Rahaman

2. United India Insurance Company Ltd., Chennai.

.. Respondents

This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr. Muthu Visakan and the learned counsel for the Respondent No. 2 Mr.P. Sankaranarayanan are present. The first respondent is ex-parte before the trial Court. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Both the counsels and the appellant are present.

2. Originally, the Tribunal has awarded a total sum of Rs.2,04,100/- with interest at the rate of 7.5% per annum as compensation to the claimant. The award amount has been deposited by the insurance company with interest and cost. Now they themselves settled for Rs.95,900/- over and above the trial Court award as full quit.

3. The appellant/claimant has agreed to receive the said amount. (i) Appellant/Claimant is entitled to withdraw the said amount of Rs.95,900/- (Rupees Ninety-Five Thousand and Nine Hundred only) (as full quit).

(ii) The Insurance company/2nd respondent is directed to deposit the entire award amount within a period of Six (6) weeks from the date of receipt of a copy of this order.

The Civil Miscellaneous Appeal is disposed of accordingly. Mahalingam Counsel for the Appellant United India Insurance Company Ltd., Chennai. Counsel for the 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 Special Sub Judge No.I to deal with MCOP cases, 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. B.GOKULDAS.J, (Retd.)

mjs C.M.A.No.2322 of 2023 14.10.2023