← Library
Madras High CourtCMA/212/2023disposed of

A.Sivakumar v. E.Ravindran

2023-03-11Honourable Mr Justice S. Sounthar4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:

Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.No.212 of 2023 (Appeal against the award made in M.C.O.P.No.4028 of 2016, dated 17.02.2022 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore.

A.Sivakumar ... Appellant Vs.

1.E.Ravindran 2.The Chief Regional Manager, M/s.United India Insurance Company Limited, A.R.Plaza, Plot Nos.35, 36 and 37, 45 Feet Road, Bajaj Nagar Extension, Saram, Puducheri - 605 011.

.. Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, learned counsel appearing for the appellant and Mr.M.Krishnamurthy learned counsel appearing for respondents. 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.17,70,100/-, with interest 7.5% at the rate of per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the said award, the appellant has preferred the present appeal.

2. The appellant and second respondent/ Insurance company entered in a compromise on following terms;

(i) The second respondent is agreed to settle for a sum of Rs.20,70,000/- together with interest as ordered by the Tribunal on the said sum.

(ii) The second respondent is agreed to deposit the entire amount within a period of eight weeks from today.

(iii) On such deposit, the appellant is permitted to withdraw entire amount by making formal application.

3. Accordingly, the Tribunal is directed to transfer the amount through RTGS to the parties on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Award is passed accordingly.

The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed.

A.Sivakumar Counsel for Appellant 1.E.Ravindran 2.The Chief Regional Manager, M/s.United India Insurance Company Limited, A.R.Plaza, Plot Nos.35, 36 and 37, 45 Feet Road, Bajaj Nagar Extension, Saram, Puducheri - 605 011.

Counsel for Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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

S.SOUNTHAR, J.

ub/nti To: The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore. 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 nti/ub C.M.A.SR.No.212 of 2023 11.03.2023