G.Venkatesan @ Venkatesh v. M/S.New India Assurance Co Ltd.,Chennai

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SUBRAMANIAN and Members Mr.A.Manivasakan, District Judge (Retd.,) Mr.Tranquebar Dorai Vasu C.M.A.No.1692 of 2017 (This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1989, to set aside the Judgment and Decree dated 18.08.2016 in MACT.OP.No.5713 of 2012 on the file of the Small Causes, Court, III Judge (Motor Accidents Claims Tribunal), Chennai. G.Venkatesan @ Venkatesh ... Appellant/Petitioner Vs.

1. A.Raman

2. New India Assurance Co. Ltd., Motor Third Party Claims Cell No.45, Moore Street, Chennai-600 001.

..Respondents/Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.M.Swamikkannu, learned counsel appearing for the appellant and Mr.J.Chandran, learned counsel appearing for the second respondent-Insurance Company.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal has been filed Section 173 of the Motor Vehicles Act, 1989, to set aside the Judgment and Decree dated 18.08.2016 in MACT.OP.No.5713 of 2012 on the file of the Small Causes, Court, III Judge (Motor Accidents Claims Tribunal), Chennai.

2. The Tribunal has awarded a sum of Rs.3,39,200/- with interest at 7.5% per annum from the date of petition till the date of deposit of compensation.

3. The award passed by the Tribunal has already been satisfied by the Insurance Company.

4. Aggrieved by the award of the Tribunal, the claimant had preferred the present appeal. The claimant as well as the officials of the Insurance Company have negotiated and arrived at a settlement, by which, the second respondent/Insurance Company has agreed to pay further sum of Rs.1,10,000/- (Rupees One Lakh and Ten Thousand Only) in full quit, over and above.

5. The 2nd respondent / Insurance Company is directed to deposit a sum of Rs.1,10,000/- (Rupees One Lakh and Ten Thousand Only) within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellant is permitted to withdraw the same.

6. The Tribunal is directed to transfer the amount in favour of the claimant through RTGS/NEFT, on proper identification in

accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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 G.Venkatesan @ Venkatesh Counsel for the Appellant New India Assurance Co. Ltd., Motor Third Party Claims Cell No.45, Moore Street, Chennai-600 001.

Counsel for the 2nd respondent To:

The parties/Advocate concerned Copy to:

1. III Judge, Small Causes Court, (Motor Accidents Claims Tribunal), Chennai.

2.The New India Assurance Co. Ltd., Motor Third Party Claims Cell, No.45, Moore Street, Chennai-600 001.

3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies mk/jv

R.SUBRAMANIAN, J.

mk/jv C.M.A.No. 1692 of 2017 13.07.2019