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Madras High CourtCMA/2946/2022settled before the lokadalats

Ba.Jawahir v. A.Krishnaveni

2024-03-09Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Miss.V.Ahalya, District Judge (Retd.) Mr.C.K.Chandrasekar, Advocate CMA.No.2946 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.1228 of 2018 dated 21.02.2022 on the file of the Motor Accident Claims Tribunal, III Judge, Court of Small Causes Court at Chennai.

B.A.Jawahir ... Appellant Vs 1.A.Krishnaveni 2.Tata AIG General Insurance Company Ltd., No.1, Ground Floor, C.N.C.Road, Ethiraj Salai, Egmore, Chennai - 600 008.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Ms.Ramya V Rao, learned counsel for the Appellant is present and Mr.J.Michael Visuvasam, learned counsel for the 2nd Respondent are present before this Court.

TERMS OF SETTLEMENT The appeal is at the instance of the claimant, seeking enhancement of compensation as against the award amount of Rs.1,64,700/- (Rupees One Lakh Sixty Four Thousand and Seven Hundred only) by the Tribunal. 2.Today, the representatives of the Insurance Company and the claimant are present along with their respective counsel. After due deliberation, they agreed to settle the dispute for an amount of Rs.1,00,000/- (Rupees One Lakh only) over and above the compensation of Rs.1,64,700/- (Rupees One Lakh Sixty Four Thousand and Seven Hundred in full quit. The Award is passed accordingly. 3.The Insurance Company is directed to deposit the enhanced award amount of Rs.1,00,000/- (Rupees One Lakh only), if not already deposited, within a period of 4 weeks, from the date of receipt of a copy of this order.

4.On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the claimant's bank account on proper identification, in accordance with the terms of the award, without insisting on any formal petition.

5.The Civil Miscellaneous Appeal is disposed of accordingly.

B.A.Jawahir Counsel for the Appellant 1.A.Krishnaveni 2.Tata AIG General Insurance Company Ltd., No.1, Ground Floor, C.N.C.Road, Ethiraj Salai, Egmore, Chennai - 600 008.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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.Motor Accident Claims III 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

P.B.BALAJI, J.

ata CMA.2946 of 2024 09.03.2024