Sukumar v. T.Gnanaprakasam

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 12th day of August 2023 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 Mr. K.V.Muthu Visakan Mr.A.Rathinavel, Retd.J C.M.A.No.1202 of 2020 (Appeal against the decree and judgment dated 27.08.2012 made in M.C.O.P.No.170 of 2018 (Old.No.135 of 2009) on the file of the Sub Court, Omalur) Sukumar .. Appellant Vs.

1.T.Gnanaprakasam 2.K.Ramachandran 3.The United India Insurance Co.Ltd., Oriental Theatre Complex, 77, Arunachala Achari Street, Salem-636001.

4. The National Insurance Co.Ltd., Maruthi Complex,F-215, 2nd Floor, Omalur Main Road, Salem-636004.

.. Respondents This case came up for settlement before the Lok Adalat. The appellant namely Sukumar, Mr.P.Sankara Narayanan, the learned counsel for the 3rd respondent and Mrs.N.B.Surekha, the learned counsel for the 4th respondent are present. After mutual discussion, negotiation, mediation and conciliation

between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Claimant is the appellant. Aggrieved by the award of Rs.3,69,193/-, the Civil Miscellaneous Appeal has been preferred for enhancement of award amount.

2. The Appellant is present. Both the 3rd and 4th respondent/ Insurance Company along with their respective counsel are present. The Counsel for the appellant is not present. However, when we contacted him over phone, he stated that he is suffering from throat cancer and he gave liberty to the appellant to negotiate with the 3rd and 4th respondent Insurance Company and settled the matter after deliberation.

2. The respondents 3 & 4 have graciously come forward to pay a sum of Rs.40,000/- each, which is totally a sum of Rs.80,000/-, in full and final settlement to the satisfaction of all the claims of the appellant in CMA.No.1202 of 2020.

3. In view of the above, the respondents 3 & 4 are directed to deposit the said sum of Rs.40,000/- each, within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the claimant / appellant is permitted to withdraw the award amount without filing any formal petition. The Award is passed accordingly.

5. The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Sukumar Counsel for the Appellant

1. The United India Insurance Co.Ltd., Oriental Theatre Complex, 77, Arunachala Achari Street, Salem-636001.

Counsel for the 2nd Respondent

2. The National Insurance Co.Ltd., Maruthi Complex,F-215, 2nd Floor, Omalur Main Road, Salem-636004.

Counsel for the 2nd Respondent

This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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 Motor Accidents Claims Tribunal, (Sub-Court, Omalur, Salem), 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 nhs/sms C.M.A.No.1202 of 2020 12.08.2023