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Madras High CourtCMA/2715/2024disposed of

A.Subramanian @ Subramani v. S.Selvendiran

2025-03-08Honourable Mr Justice D.Bharatha Chakravarthy5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Members :

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) (Appeal against the judgment and decree passed on 17.04.2024 made in M.C.O.P.No.3816 of 2015 on the file of the Motor Accidents Claims Tribunal, (Special District Court-II, Cuddalore). Subramanian @ Subramani ... Appellant

Versus

1.Selvendiran 2.The Divisional Manager New India Assurance Co., Ltd DO 30, Jawaharalal Nehru Street Pondicherry.

....Respondents 1/5

This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, the learned Counsel for the Appellant and M/s.R.Sree Vidhya, the learned Counsel for the second respondent. 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 the parties and their respective counsel are present.

2. By the award made in MCOP.No.3816 of 2015 a sum of Rs.1,52,500/- was awarded and the same was already deposited along with accrued interest and the same has already been withdrawn by the appellant/claimant.

3. Now over and above the said sum, the parties have now arrived at a compromise, by which the appellant/claimant, has agreed to receive a sum of Rs.,1,50,000/- (Rupees One Lakh and Fifty Thousand Only) with further interest at the rate of 7.5% per annum from the date of claim petition, till the date of realisation.

4. The second respondent/ Insurance Company shall deposit the said amount within a period of 8 weeks from the date of receipt of copy of this order.

5. On such deposit, the appellant/claimant will be entitled to withdraw the entire amount. The Tribunal shall disburse the said amount to the 2/5

claimant without insisting of a formal application and only upon verification of the identity of the parties.

6. The Civil Miscellaneous Appeal is disposed of accordingly. Subramanian @ Subramani ..Counsel for the Appellant The Divisional Manager New India Assurance Co., Ltd DO 30, Jawaharalal Nehru Street Pondicherry.

..Counsel for the second Respondent This National Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties 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 3/5

To: The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal, (The Special District Judge, 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. +7 copies dna 4/5

D.Bharatha Chakravarthy, J.

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