M.Jayapal v. V.Vijaya Bhasker
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Members :
Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) and CMP.No.15084 of 2022 (Appeal against the judgment and decree passed on 17.08.2021 made in M.C.O.P.No.520 of 2018 on the file of the Motor Accidents Claims Tribunal, (Special Subordinate Judge at Erode).
CMA.No.3602/2021 M.Jayapal ... Appellant
Versus
1.V.Vijaya Bhasker 2.S.Iruthaya Raj 1/6
3.The New India Assurance Company Ltd., Divisional Office at Sharon Building No.161-A, East Veli Street Madurai 625 001.
... Respondents CMA.No.1980/2022 The New India Assurance Company Ltd Having its Divisional Office at Sharon Building No.161-A, East Veli Street Madurai 625 001.
... Appellant
Versus
1.M.Jayapal 2.V.Vijaya Bhasker 3.S.Iruthaya Raj ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.P.Yuaraj, the learned Counsel for the Claimant and M/s.R.Sreevidhya, the learned Counsel for the Insurance Company. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
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COMMON TERMS OF SETTLEMENT Both the parties and their respective counsel are present.
2. In the MCOP.No.520 of 2018 a sum Rs.22,04,000/- was awarded with further interest. Pursuant there to a sum of Rs.28,17,566/- was deposited by the Insurance Company. Of the said amount, the claimant has already withdrawn a sum of Rs.6,61,200/-, leaving the balance of Rs.21,56,366/-.
3. Now towards full and final settlement, the parties have arrived at a compromise, by which the claimant shall be entitled to withdraw Rs.19,56,366/- (Rupees Nineteen Lakhs Fifty Six Thousand Three Hundred and Sixty Six Only) along with accrued interest.
4. The balance sum of Rs.2,00,000/- along with accrued interest shall be withdrawn by the Insurance Company.
5. The Tribunal without insisting for a formal application, however upon verification of the identity of the parties shall disburse the award amount.
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6. These Civil Miscellaneous Appeals are disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
M.Jayapal ..Counsel for the Appellant/Respondent The New India Assurance Company Ltd., Divisional Office at Sharon Building No.161-A, East Veli Street Madurai 625 001.
..Counsel for the Respondent/Appellant 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 4/6
To: The parties/Advocate concerned Copy to:
1. The Motor Accident Claims Tribunal (The Special Subordinate Judge at Erode).
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. +7 copies jer/dna 5/6
D.Bharatha Chakravarthy, J.
jer/dna and CMP.No.15084 of 2022 08.03.2025 6/6