R.Balamurugan v. The United India Insurance Co., Ltd., Chennai

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. Justice S. VAIDYANATHAN and Members: Mr.P.Rosaiah Ms.S.Jayakumari C.M.A.No.1596 of 2017 Appeal against the award and decree passed on 18.02.2003 in M.C.O.P.No.522 of 2002 on the file of the Additional District Judge/Motor Accidents Claims Tribunal, Chidambaram.

R.Balamurugan .. Appellant Vs.

1.Vijay Hekant Finance & Estate Limited, No.52, General Muthiah Mudali Street, Chennai - 600 079.

2.United India Insurance Co. Limited, B.R.O. 10802, No.52, General Muthiah Mudali Street, Chennai - 600 079.

..Respondents Though this case is not listed today, this case came up for settlement before the National Lok Adalat. Appellant/claimant is present. Mr.K.P.Prabhu Raj, learned counsel for the Appellant is present and Mr.B.Sankaranarayanan, learned counsel appearing for the 2nd Respondent/Insurance Company is 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 This is a case of Injury. As no compensation was awarded by the Tribunal, the Claimant has come up with the present Appeal seeking grant of compensation for the injuries sustained by him.

2. After negotiation, the award of the Tribunal is modified as follows: (i) The 2nd Respondent/Insurance Company has agreed to pay a sum of Rs.90,000/- (Rupees Ninety Thousand only) to the Appellant/Claimant, who has agreed to receive the same as full and final settlement. (ii) The 2nd Respondent/Insurance Company is directed to deposit the compensation now awarded by this Court, within a period of eight (8) weeks from the date of receipt of a copy of this order and the Appellant/Claimant is entitled to withdraw the compensation now awarded by this Court.

(iii) The Trial Court shall follow the procedures contemplated in the order dated 11.03.2016 passed by a Division Bench of this Court in C.M.A.No.428 of 2016, scrupulously. The Civil Miscellaneous Appeal is disposed of accordingly. R.Balamurugan .. Counsel for the Appellant 1.Vijay Hekant Finance & Estate Limited, No.52, General Muthiah Mudali Street, Chennai - 600 079.

2.United India Insurance Co. Limited, B.R.O. 10802, No.52, General Muthiah Mudali Street, Chennai - 600 079.

... Counsel for the Respondents This 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 Motor Accidents Claims Tribunal, Additional District Court, Chidambaram. 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

S.VAIDYANATHAN,J.

(tsg/aeb) C.M.A.No.1596 of 2017 09.03.2019