V. Kasturi v. P. Gnansekaran
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of August, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.Justice S.Sounthar and Members:
Mr.C.Raghavan Ms.N.Isabella Santi Mary C.M.A.No.3683 of 2021 (Appeal against Judgement and Decree passed by the Motor Accident Claims Tribunal/1st Additional District and Sessions Judge at Cuddalore in M.C.O.P.No.2885 of 2017 dated 08.09.2021) 1.V.Kasturi 2.D.Venkatesan ... Appellants /versus/ 1.P.Gnanasekaran 2.V.Poubalan 3.The United India Insurance Co. Ltd Third Party Service Hub, Plot No.35, 36, 37 AR Plaza, 45 Feet Road, Balaji Nagar Extention Saram, Puducherry - 605011.
4.Bajaj Alliance General Insurance Co.Ltd.
Old No.276, 277, New No.497, 498, Issana Kattima Building, 5th Floor, Poonamalle High Road, Chennai - 600106.
... Respondents This case is taken up for settlement before this National Lok Adalat. Appellants and 3rd and 4th respondents are present. Mrs.Ramya V.Rao, the learned counsel for appellants, Mr.J.Michael Visuvasam, learned counsel for 3rd respondent and Mr.K.Poomalai, the learned counsel for 4th respondent, are present.
AWARD The appellants and respondents 3 and 4 entered into a compromise on the following terms:
(i) The appellants agreed to receive a sum of Rs.4,00,000/- over and above what was already awarded by the Tribunal in full quit of their claim against the respondents 3 and 4.
(ii) Out of the said amount the 3rd respondent agreed to pay a sum of Rs.1,75,000/-in full quit and the 4th respondent agreed to pay a sum of Rs.2,25,000/- in full quit. (iii) The respondents 3 and 4 are directed to deposit their share of the enhanced amount within a period of eight weeks from today, after deducting any amount already deposited.
(iv) The appellants 1 and 2 are entitled to withdraw the award amount along with enhanced amount, on deposit by the respondents 3 and 4, without making any formal application.
(v) The appellants 1 and 2 are entitled to equal share of the enhanced amount. (vi) If the respondents 3 and 4 fail to deposit the above said enhanced sum within a period of eight weeks the appellants are entitled to interest at the rate of 7.5% from the date of expiry of eight weeks till the date of realization of the entire amount.
2. With the above directions, this Civil Miscellaneous Appeal is disposed of. Consequently, connected Miscellaneous petition, if any, is closed. 1.V.Kasturi 2.D.Venkatesan Counsel for Appellants 1.The United India Insurance Co. Ltd Third Party Service Hub, Plot No.35, 36, 37 AR Plaza, 45 Feet Road, Balaji Nagar Extention Saram, Puducherry - 605011.
Counsel for the 3rd Respondent 2.Bajaj Alliance General Insurance Co.Ltd.
Old No.276, 277, New No.497, 498, Issana Kattima Building, 5th Floor, Poonamalle High Road, Chennai - 600106.
Counsel for the 4th 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 Accident Claims Tribunal/1st Additional District and Sessions Judge at 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
S.Sounthar.J., dm/pvs C.M.A.No.3683 of 2021 13.08.2022