Sakkarabani v. S.Ramesh Kumar

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 Mr.JUSTICE SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.K.Shivakumar C.M.A.No.1254 of 2017 (Appeal against the judgment and decree passed on 03.10.2013 made in M.C.O.P.No.3266 of 2011 on the file of the Motor Accidents Claims Tribunal/ Chief Judge, Court of Small Causes at Chennai) 1.Sakkarbani 2.Shanthi .. Appellants Vs.

1.S.Ramesh Kumar (Set exparte) 2.Reliance General Insurance Co Limited Reliance Tower, Sashthri Bhavan Road Nungambakkam Chennai - 600 034.

... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.V.Vijayaragavan for M.Malar; the learned counsel for the second

respondent Mrs.C.Bhuvanasundari for Mr.S.Arunkumar is present. No appearance for the first respondent.

After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT Both the parties and their respective counsels are present. The Claimants have preferred the above appeal challenging the award passed by the Tribunal. The Tribunal had awarded a sum of Rs.5,26,000/-(Rupees Five Lakhs Twenty Six Thousand only) with interest at 7.5% per annum from the date of petition till the date of realisation. The said amount has been deposited by the Insurance Company and the same was withdrawn by the aforesaid appellants. 2.(a) The parties have been arrived at the settlement by which the claimants are entitled to the award amount together with interest already deposited.

(b)In addition to that the claimants are entitled to Rs.6,00,000 /-(Rupees Six Lakhs Only) in full quit. The Insurance Company shall deposit a sum of Rs.6,00,000/- within a period of six (6) weeks from the date of receipt of copy of this order failing which the second respondent agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimants shall be entitled to withdraw the amount equally.

3.The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned in accordance with the

terms of the award without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. 1.Sakkarabani 2.Shanthi Appellants Counsel for the Appellants Reliance General Insurance Co Limited Reliance Tower, Sashthri Bhavan Road Nungambakkam Chennai - 600 034.

(second respondent) 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 Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.

SUNDER MOHAN, J.

vsn/dk C.M.A.No.1254 of 2017 12.11.2022