Madras High CourtCMA/3795/2019settled before the lokadalats

Logeswari v. R.Suresh

2023-06-10Honourable Mrs Justice R. Kalaimathi4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd.) Mr.K.Thirukkumaran, Advocate CMA No.3795 of 2019 Appeal against the Judgment and decree dated 03.07.2019 passed in M.C.O.P.No.6106 of 2015 on the file of the Motor Accidents Claims Tribunal Judge, Chief Judge, Small Causes Court, Chennai. 1.Logeswari 2.Banumathi 3.Palani ... Appellants Vs.

1.R.Suresh 2.United India Insurance Co. Ltd., Silingi Building, 4th Floor, No.134, Greams Road, Chennai - 600 006.

3.C.Jayaraman ... Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, learned counsel for appellants and Mr.R.Rajesh, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.12,50,200/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellants had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to enhance the award to a sum of Rs.12,32,000/- (Rupees Twelve Lakhs and Thirty Two Thousand only) in full quit (without interest) as compensation.

3. According to learned counsel for the appellants, the 2nd respondentInsurance Company has already deposited the amount awarded by the Tribunal at Rs.12,50,200/- and the appellants have withdrawn the same.

4. Hence, the second respondent / Insurance Company is directed to deposit the above said accepted award amount of Rs.12,32,000/- (Rupees Twelve Lakhs and Thirty Two Thousand only) as over and above the award amount awarded by the Tribunal as full quit (without interest) as compensation, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this award. If the payment has not been made within the time stipulated, the 2nd respondent is directed to pay the amount along with the interest at the rate of 7.5% p.a., from today till the date of realisation.

5. Out of the award amount of Rs.12,32,000/-, the appellants are entitled to the following amounts as compensation as apportioned by this Court.

(i) 1st appellant viz., Logeswari - Rs.5,00,000/- (ii) 2nd appellant viz., Banumathi - Rs.3,66,000/- (iii) 3rd appellant viz., Palani - Rs.3,66,000/- 2/4

6. On such deposit, the Appellants/Claimants are permitted to withdraw their respective enhanced share amount.

7. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, with out insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any.

1.Logeswari 2.Banumathi 3.Palani Counsel for the Appellants 1.R.Suresh 2.United India Insurance Co. Ltd., Silingi Building, 4th Floor, No.134, Greams Road, Chennai - 600 006.

3.C.Jayaraman Counsel for the 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 3/4

R.KALAIMATHI.J., krk To:

The parties/Advocate concerned Copy to:

1.The Chief Judge, Small Causes Court, (Motor Accidents Claims Tribunal), 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 krk CMA No.3795 of 2019 10.06.2023 4/4