Murugaveni v. I.Shanmugadurai & Firm
NATIONAL LOK ADALAT Organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR and Members:
Mr.Sankaranarayanan Pillai.T Mr.Tanquebar Dorai Vasu C.M.A.No.1602 of 2017 (The Appeal is not listed today, however, with the consent of the parties, it is taken up for settlement. The Appeal is filed against the judgment and decree passed in M.C.O.P.No.518 of 2012 on the file of the Motor Accident Claims Tribunal, II Additional Distric tcourt, Tiruvallur at Poonamalle, dated 26.02.2014).
1.Murugaveni 2.V.Palani ...Appellants Vs.
1.I.Shanmugadurai & Firm 2.United India Insurance Co. Ltd., No.45, Moore Street, Chennai - 1.
...Respondents
This case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.K.Varadha Kamaraj, is present. The learned counsel for the 2nd respondent Mr.S.Arunkumar is present and officials of Insurance
Company are also 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 Tribunal has awarded a sum of Rs.4,69,248/- with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.
2. Aggrieved by the award of the Tribunal, the Appellant has preferred the present appeal. The amount awarded by the Tribunal has already been deposited by the Insurance Company and the same has been withdrawn by the appellant.
3. By way of compromise, the 2nd respondent/insurance company agreed to pay a sum of Rs.3,00,000/- (Rupees three lakhs only) in full quit (inclusive of interest) in addition to the award amount of the Tribunal as compensation and the same is agreed by both sides.
4. The Insurance company is directed to deposit a sum of Rs.3,00,000/- over and above the award of the Tribunal in full quit (inclusive of interest), within a period of six weeks from the date of receipt of a copy of this award, to the credit of M.C.O.P.No.518 of 2012 before the concerned Tribunal. The appellants are entitled to
get equal share on the modified award amount. Award is modified accordingly.
5. The Tribunal is directed to transfer the respective share of the modified award amount to the individual bank account of the appellants by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
6. The Civil Miscellaneous Appeal is disposed of accordingly. Connected miscellaneous petition, if any, is closed. 1.Murugaveni 2.V.Palani .. Counsel for Appellants 1.I.Shanmugadurai & Firm 2.United India Insurance Co. Ltd., No.45, Moore Street, Chennai - 1.
..Counsel for the 2nd Respondent 7.This Lok Adalat award is passed in terms of the above settlement.
M.NIRMAL KUMAR.J, klt/sai 8.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/Counsel concerned Copy to 1.The Motors Accidents Claims Tribunal, II Additional Distric tcourt, Tiruvallur at Poonamalle.
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. C.M.A.No.1602 of 2017 09.03.2019