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Madras High CourtCMA/2438/2022settled before the lokadalats

R.Tamilselvi v. Nandhini Nagarajan

2024-06-08Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

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.2438 of 2022 (Appeal against the judgment and decree passed on 17.06.2022 made in M.C.O.P.No.5027 of 2015 on the file of the Motor Accident claims Tribunal/ I Speical Sub Judge, Chennai.

R.Tamilselvi .. Appellants Vs.

1.Nandhini Nagarajan 2.Bajaj Aliaz Gen. Insurance Co. LTd., Issana Kattima Buildings, 5th Floor, No.497 & 498, Poonamallee High Road, Chennai- 600 106.

3.M.Viswanathan(Exparte in MCOP] .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.S.Sankaralingam and the learned counsel for the 2nd respondents Mr.R.V.Sivaraj 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.3,13,500/(Rupees Three lakh thirteen thousand and five hundred only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellant has preferred the present appeal. Now the claimants have agreed to receive a sum of Rs.4,50,000/- (Rupees four Lakhs and fifty thousand only) in addition to the amount awared by the Tribunal in full quit, which is also acceptable by the 2nd respondent.

4. The 2nd respondent is directed to deposit the award amount, now ordered after deducting any amount already deposited, within a period of four 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.

R.Tamilselvi Counsel for the appellant

1.Nandhini Nagarajan 2.Bajaj Aliaz Gen. Insurance Co. LTd., Issana Kattima Buildings, 5th Floor, No.497 & 498, Poonamallee High Road, Chennai- 600 106.

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 ( Special Sub Judge I) 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.2438 of 2022 08.06.2024