Priya v. The Divisional Manager, The Oriental Ins., Co., Ltd., Vellore

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Mega Lok Adalat organised by the High Court Legal Services Committee Monday, the 15th day of April, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI(Retd.) and Members 1.Mr.M.Ramachandran 2.Mr.T.Kalaimani C.M.A.No.2051 of 2017 (Appeal against the judgment and decree passed on 29.07.2015 in M.A.C.T.O.P.No.355 of 2013 on the file of Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tiruvannamalai.) Priya .. Appellant/Petitioner Vs.

1.Balu 2.The Divisional Manager, The Oriental Insurance Company Limited, No.32/312, Vijayalakshmi Complex, 1st Floor, Sathuvachery, Vellore - 9.

(1st Respondent set exparte before the Tribunal) .. Respondents/Respondents Pursuant to the notice issued by this Forum, both parties are present today. On appearance of both parties, this case is taken up for settlement before the Lok Adalat. The learned counsel for the Appellant Mr.F.Terry Chella Raja, learned counsel for the Respondent-2 Mr.S.Manohar and Mr.S.Balakrishnan, Manager for the Oriental Insurance Company Limited 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 Both parties present. The appellant / Claimant has preferred the present appeal. Aggrieved against the award of Rs.70,000/- Rupees Seventy Thousand only) with interest.

2. Now, both the parties agreed to enhance the award with further sum of Rs.65,000/- (Rupees Sixty Five Thousand only) in full quit inclusive of interest.

3. The 2nd Respondent / Insurance company is directed to deposit the enhanced amount within a period of four weeks from the date of receipt of copy of this order.

4. On such deposit, the claimant is entitled to withdraw the entire amount less already withdrawn.

5. The Tribunal is directed to issue the cheque to the party concerned 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. Consequently, connected Miscellaneous Petition is closed, if any.

Sd/- Sd/- Priya Counsel for the Appellant Sd/- The Divisional Manager, The Oriental Insurance Company Limited, No.32/312, Vijayalakshmi Complex, 1st Floor, Sathuvachery, Sd/- Vellore - 9.

Counsel for the 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To:The parties concerned Copy to:

1.The Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Tiruvannamalai 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 C.M.A.No.2051 of 2017 CSL/15.07.2019