Nikhil Balaji v. C.V.Balaji
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.M.Sambasivam District Judge (Retd.) Mr.K.Ethirajalu Advocate C.M.A.No.3493 of 2019 (Appeal against the judgment and decree passed on 03.04.2019 made in M.C.O.P.No.7482 of 2013 on the file of the Motor Accident claims Tribunal and (II Small Causes Court), Chennai.
1.Nikhil Balaji .. Appellant Vs.
1.C.V.Balaji 2.Reliance General Insurance Company Limited, RAI's Towers, Plot No.2054, 2nd Avenue, 2nd Floor, Next to Senthil nursing home, Anna Nagar, Chennai-600 040.
.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.K.Varadha Kamaraj and the learned counsel for the 2nd respondent Mr.P.Suresh Srinivasan 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 Both the parties and their respective counsel are present.
2. The Tribunal has awarded a sum of Rs.5,20,000/(Rupees Five Lakhs Twenty Thousand only) with interest at 7.5% p.a. the 2nd respondent/Insurance Company already deposited Tribunal award.
3. Aggrieved by the award, the appellant has preferred the present appeal. Now the appellant/claimant has agreed to receive over and above additional amount of Rs.2,00,000/- (Rupees Two Lakhs only) awared by the Tribunal in full quit, which is also acceptable by the 2nd respondent. The claimant is permitted to withdraw the additional award amount directly by filing an appropriate petition before the Tribunal.
4. The 2nd respondent is directed to deposit the additional award amount, now ordered after deducting any amount already deposited, within a period of eight weeks from the date of receipt of a copy of this order. Award is passed accordingly.
5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
6.The appeal is ordered accordingly. Consequently, the connected MP, if any, is closed.
Nikhil Balaji Counsel for the appellant
Reliance General Insurance Company Limited, RAI's Towers, Plot No.2054, 2nd Avenue, 2nd Floor, Next to Senthil nursing home, Anna Nagar, Chennai-600 040.
Counsel for the 2nd respondent 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 To The parties/Advocate concerned Copy to:
1.The Motor Accident claims Tribunal and (II Small Causes Court), 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.
K.GOVINDARAJAN THILAKAVADI, J.
vsn/jas C.M.A.No.3493 of 2019 08.06.2024