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Madras High CourtCMA/2926/2024settled before the lokadalats

Kadhar Basha v. Kaviyarasan

2025-12-13Honourable Mr.Justice P.B. Balaji5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of December, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.Mr.N.Balasubramanian, District Judge (Retd) Mr.P.Kannan, Advocate, CMA. No.2926 of 2024 Appeal against the Judgment and decree dated 16.04.2024 passed in MCOP No.2045 of 2019 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Tindivanam. Kadhar Basha ...Appellant Vs.

1.Kaviyarasan 2.The Divisional Manager, The Oriental Insurance Company Limited, Old No.256/115, Prakasam Road, Oriental House, Broadway, Chennai -108

...Respondents

This case is taken up for settlement before the National Lok

Adalat. Both the parties are present. Mr.R.Nalliyappan, learned counsel for appellant and, Mr.J.Chandran, learned counsel for the second respondent are present. 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 claimant is on appeal, challenging the award of the Tribunal for a sum of Rs.1,61,000/-, for the injuries suffered by the claimant, in MCOP No.2045 of 2019 dated 16.04.2024.

2. After negotiations, the parties have now amicably arrived at a settlement for a sum of Rs.50,000/- (Rupees Fifty Thousand only) as full quit over and above award by the Tribunal. The second respondent has already deposited the award amount and the same has not been withdrawn by the appellant.

3. The respondent is directed to deposit the above said accepted enhanced award amount of Rs.50,000/- (Rupees Fifty Thousand only) in full quit without interest within a period of two weeks from the date of receipt of a copy of this award.

4. On such deposit, the claimant/appellant is permitted to withdraw

the enhanced award amount without filing any formal petition. Award is passed accordingly.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

Kadhar Basha Counsel for the Appellant The Divisional Manager, The Oriental Insurance Company Limited, Old No.256/115, Prakasam Road, Oriental House, Broadway, Chennai -108 Counsel for the 2nd respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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, I Additional District Judge, Tindivanam.

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 rkp

P.B.BALAJI., rkp CMA. No.2926 of 2024 13.12.2025