Abdul Rahman v. The National Insurance Company Ltd., Chennai

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 14th December, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE P.RAJAMANICKAM and Members:

Mr.G.Dhanaraj Mr.V. Shanmugasundaram C.M.A.No.1054 of 2017 (Appeal against the Judgment and decree passed on 27th day of July, in M.C.O.P.No.2691 of 2009 on the file of the Motor Accidents Claims Tribunal, (IV Court of Small Causes), Madras.

Abdul Rahman ...Appellant/petitioner Vs.

1.Ellak Chem Industries Indian Pvt Ltd., No.47/A, Bhavani Main Road Periya Brahmana Agraharam Erode 5.

2.National Insurance Co Ltd., No.751, Anna Salai Chennai 600 002.

...Respondents

Though this case has not been listed in the cause list before the National Lok Adalat, since it is represented that the parties are willing for settlement, this case is taken up for final disposal. Both the parties are present. Mr.P.Mohan

Prasad, the learned counsel for the appellant and no representation for the second respondent. After discussion and negotiation, the matter is settled as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.2,00,600/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

Challenging the quantum of compensation, the appellant/Insurance Company has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to enhance the award amount with an additional sum of Rs.2,00,000/- (Rupees Two Lakhs only) in full quit over and above the award of the Tribunal.

3. In view of the above, the Insurance Company is directed to deposit the enhanced award amount, within a period of six weeks. On such deposit, the appellant is entitled to withdraw the entire compensation amount.

4. The Civil Miscellaneous Appeal is disposed of accordingly. Abdul Rahman Counsel for Appellant

2.National Insurance Co Ltd., No.751, Anna Salai Chennai 600 002.

Counsel for second respondent This National 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, (IV Court of Small Causes), Madras. 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.

P.RAJAMANICKAM, J.

dna/gv C.M.A.No.1054 of 2017 14.12.2019