Madras High CourtCMA/1003/2017settled before the lokadalats

M.Priya v. Bajaj Allianz Ins., Co., Ltd., Nungambakkam

2022-03-07Honourable Mr. Justice Malai Subramanian (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 07th day of March 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Member Mrs.Hemalatha Daniel CMA.No.1003 of 2017 (Appeal against the judgment and decree dated 17.12.2013 made in M.C.O.P.No.2724 OF 2006 on the file of the Motor Accidents Claims Tribunal, Small Causes Court No.4, Chennai) M.Priya .. Appellant / Petitioner Vs.

1. Kannabiran

2. Bajaj Alliance Insurance Com.,Ltd, No.25/26, College Road, 5th Floor, Nungambakkam.

.. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. Mr.S.Suriya Prakash, learned counsel for the appellant and Mr.K.Poomalai, 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 appellant / claimant having suffered injuries in a road accident for the damage sustained by her, she approached the Tribunal claiming compensation of Rs.1,50,000/- , which ended in an award of Rs.1,06,000/-.

2.Aggrieved by the lower compensation than claimed by the appellant she preferred an appeal for enhancement of the same. When the matter is pending for hearing of the parties, both the parties filed a Joint Memo of Compromise and arrived a settlement for an additional award of Rs.2,10,000/- (Rupees Two Lakhs Ten Thousand only) in full quit.

3. In view of the above settlement reached, an additional award of Rs.2,10,000/- in full quit over and above the award passed by the Tribunal is passed. The aforesaid Joint of Compromise shall form part of the award.

4. The Insurance Company is directed to deposit the additional award amount of Rs.2,10,000/- within a period of three weeks from the date of receipt of a copy of this order.

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. Sd/- Sd/- M.Priya Counsel for the Appellant Sd/- Bajaj Alliance Insurance Com.,Ltd, No.25/26, College Road, 5th Floor, Nungambakkam.

Sd/- Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the appellant 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.

Sd/- Sd/- Judge Member Sd/- Assistant Registrar True Copy// Sub Assistant Registrar

(*)Xerox copy of joint Memo Compromise filed by both the parties enclosed.

To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Small Causes Court No.4, 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.+2 copies CMA.No.1003 of 2017 GPL[co] NSK 21/03/2022