Siva Kumar v. K. Karthikeyan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of February 2023 NATIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE T.V.THAMILSELVI and Members

1. Mr. P.Rosiah, District Judge (Retd)

2. Ms.A.Veeramarthini,Member C.M.A.No.2205 of 2017 This Civil Miscellaneous Appeal has been filed against the Judgment and decree in M.A.C.T.O.P. No.5709 of 2011 dated 22.07.2016 on the file of the Motor Accidents Claims Tribunal / V Small Causes Court, Chennai. Sivakumar .. Appellant Vs.

1.K.Karthikeyan 2.ICICI Lombard General Insurance Company Limited, 1st floor, Arihant Plaza, 84/85, Waltax Road, Parry's Corner, Chennai - 600 003.

.. Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.K.V.Muthu Visakan, learned counsel for the Appellant and Mr.K.Poomalai, learned Advocate for the Second Respondent 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.3,11,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. The Tribunal has already deposited the award amount and the same has been withdrawn by the appellant.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.2,00,000/- (Rupees Four Lakhs only), over and above the amount awarded by the Tribunal in full quit as additional compensation.

3. The second respondent / Insurance Company is directed to deposit the enhanced award amount of Rs.2,00,000/- in full quit, within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the appellant is permitted to withdraw his enhanced award amount of Rs.2,00,000/-, without filing any formal petition before the Tribunal. The Award is passed accordingly.

5. 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, without insisting on any formal permission petition.

6. The Civil Miscellaneous Appeal is disposed of accordingly. Sivakumar Counsel for the Appellant ICICI Lombard General Insurance Company Limited, 1st floor, Arihant Plaza, 84/85, Waltax Road, Parry's Corner, Chennai - 600 003.

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 2 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned

T.V.THAMILSELVI, J.

drl Copy to:

1. The Motor Accidents Claims Tribunal, V 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 drl C.M.A.No.2205 of 2017 11.02.2023