Madras High CourtCMA/3664/2021settled before the lokadalats

Malliga v. S.Pachamuthu

2022-11-12Honourable Mrs Justice R. Hemalatha5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R. HEMALATHA and Members Mr.V. Arumugam, District Judge (Retd.) Mrs. A. Alamelu, Advocate CMA No.3664 of 2021 (Appeal against the judgment and decree passed on 13.09.2021 made in M.C.O.P.No.106 of 2020 on the file of the Motor Accidents Claims Tribunal/ 1st Additional District and Sessions Court, Cuddalore)

1. Malliga 2.V.Rajendran 3.V.Gunasekaran 4.V.Raghupathi .. Appellants Vs.

1. S.Pachamuthu

2. The Divisional Manager, The New India Asurance Company Ltd., DO. 1 Bharathi Road, Cuddalore - 607 001.

.. Respondents

This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellants Ms.Ramya V.Rao and Mr.C.Ramesh Babu, the learned counsel for the second respondent are present.

TERMS OF SETTLEMENT The MCOP No.106/2020 was filed by the appellants/claimants, who are the legal heirs of Velayudham, who died in a road accident that took place on 15.12.2019 and the claimants had filed the claim petition claiming a compensation of Rs.15,00,000/- together with interest @ 18% p.a. The learned Judge, Motor Accidents Claims Tribunal, Cuddalore, had awarded a sum of Rs.2,67,500/- together with interest @ 7.5% per annum. Agrrieved over the same, the present Civil Miscellaneous Appeal is filed by the claimants.

2. Now the Appellants have agreed to receive a sum of Rs.1,50,000/- (without interest) full quit in addition to the award amount of Rs.2,67,500/- passed by the Tribunal.

3. It is represented that the entire amount of Rs.2,67,500/- awarded by the tribunal has already been deposited and not withdrawn by the claimants.

4. The second respondent/Insurance Company is directed to deposit a sum of Rs.1,50,000/- (without interest), within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are

permitted to withdraw the settled amount along with tribunal award amount. Award is passed accordingly.

5.The Tribunal is directed to issue the cheque to the party 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.

1. Malliga 2.V.Rajendran 3.V.Gunasekaran 4.V.Raghupathi Counsel for the appellants The Divisional Manager, The New India Asurance Company Ltd., DO. 1 Bharathi Road, Cuddalore - 607 001.

Counsel for the 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/ I Additional District & Sessions 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.

R. HEMALATHA, J.

bga CMA No.3664 2021 12.11.2022