Subramani v. M/S. National Insurance Co. Ltd., Chennai

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN and Members Mr.N.Sivathanu, District Judge (retd) Mr.S.Arokiamaniraj C.M.A.NO.1859 OF 2017 (Appeal against the judgment and decree passed on 24.08.2016 made in MCOP.No.6744 of 2014 on the file of the Motor Accidents Claims Tribunal (III Small Causes Court), Chennai Subramani ..

Appellant /versus/ 1.M/s.Corporate Freight Systems, No.27, Bazaar Street, New Thirupachur, Tiruvellore District 2.M/s.National Insurance Co.Ltd., No.756, Anna Salai, Chennai-06 .. Respondents (R1 set exparte before the Tribunal) This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.K.Varadha Kamaraj, learned counsel for appellant/claimant and Mr.S.Arunkumar, learned counsel for the 2nd respondent /Insurance company are 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.2,60,000/- with interest at the rate of 7.5% per annum as compensation to the claimant. Being not satisfied with the award amount, the claimant has preferred this appeal.

2.After due deliberation and consultation, both the parties have agreed to enhance the award amount to a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) as full quit over and above the award amount passed by the Tribunal and the same is hereby awarded. The award is enhanced accordingly.

3. It is submitted by the the Insurance Company that the award amount passed by the Tribunal was already deposited and the same was withdrawn by the claimant. As such R2/the Insurance company is directed to deposit the enhanced amount, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer the same to the Bank account of the appellant /claimant by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petition is closed, if any. Subramani Counsel for the Appellant M/s.National Insurance Co.Ltd., No.756, Anna Salai, Chennai-06 Counsel for the 2nd Respondent 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 To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (III 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.+2 copies

G.K.ILANTHIRAIYAN, J.

lok C.M.A.NO.1859 OF 2017 Dated : 13.07.2019