Kalaiyarasi v. M. Anandhan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :

Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) Appeal against the judgement and decree, dated 19.03.2019 passed in M.C.O.P.No.6928 of 2015 passed by the Motor Accident Claims Tribunal, (Chief Judge, Court of Small Causes), Chennai. 1.Kalaiyarasi 2.Ranjini (minor) 3.Murugan (minor) 4.Jayaraman Minors rep. by their mother natural guardian 1st appellant ... Appellants Vs 1.M.Anandhan 2.The Oriental Insurance Co. Ltd.

No.115, Prakasam Road Broadway, Chennai 600 108 ... Respondents This case came up for settlement before the Lok Adalat. Both parties present. Mr.Amar Dineshbhai Pandiya, learned counsel for the appellant and Mr.J.Chandran, learned counsel for the 2nd respondent are present. After mutual discussion and negotiation between both parties they 1/4

arrived at a compromise to settle the matter as follows : TERMS OF SETTLEMENT (i) As against the Award of Rs.19,00,000/- passed by the Claims Tribunal, challenging it as inadequate, the claimants preferred this Appeal. (ii) As per the terms and conditions of settlement arrived at between the parties, there shall be an Award for a sum of Rs.7,60,000/-, which is over and above the amount awarded by the Claims Tribunal. The Award of Rs.19,00,000/- awarded by the Claims Tribunal has already been deposited before the Claims Tribunal.

(iii) The 2nd respondent/Insurance Company agreed to deposit the Award amount of Rs.7,60,000/- in full quit passed in this Lok Adalat to the credit of M.C.O.P. within a period of four weeks from the date of receipt of a copy of this Award;

(iv) The appellants are entitled to the Award/compensation as under: (a) The 1st Appellant/wife of the deceased is entitled to Rs.3,00,000/-.

(b)The Appellants 2 and 3/minor children of the deceased are entitled to Rs.1,50,000/- each, which shall be kept in a bank deposit, till they attain majority. (c) The 4th Appellant/father of the deceased is entitled to Rs.1,60,000/- (v) Upon such deposit, the Appellants/Claimants are entitled to withdraw the entire sum without any formal application and only upon 2/4

verification of the identity.

Kalaiyarasi Counsel for Appellants The Oriental Insurance Co. Ltd.

No.115, Prakasam Road Broadway, Chennai 600 108 Counsel for 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 71-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 2 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 ( Chief Judge, Court of Small Causes), 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 gya Dr. JUSTICE S.VIMALA gya 3/4

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