G. Paramanandan v. New India Assurance Company Ltd.,Chennai
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 9th day of September 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE MOHAMMED SHAFFIQ and Members:
1. Mr.R.Ravindra Bose, District Judge (Retd.)
2. Mr.Sai Srujan Tayi, Advocate C.M.A.No. 2301 of 2017 (Appeal against the award passed in M.C.O.P.No.2977 of 2014 on 15.12.2016 by the Motor Accident Claims Tribunal, IV Judge, Small Causes Court, Chennai.) G.Paramanandan ... Appellant Vs.
1.M.Pagalavan 2.The New India Assurance Co. Ltd., No.45, 2nd Line Beach Moore Street, Chennai - 600 001.
Now at Door.No.232, NSC Bose Road, Bombay Mutual Building, Chennai - 1.
.. Respondents
With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, learned counsel for appellant and Mr.C.Ramesh Babu for Mr.K.Thirunavukkarasu, learned counsel 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. TERMS OF SETTLEMENT This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to set aside the Order in M.C.O.P.No.2977 of 2014 dated 15.12.2016 on the file of the Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.
2. The Tribunal has awarded a sum of Rs.3,82,500/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellant has preferred the present appeal.
3. After due deliberation and consultation, both parties have agreed for enhancement of the award amount by a sum of Rs.1,95,000/- (Rupees one lakh ninety five thousand only) in full quit over and above the amount already awarded by the Tribunal as compensation.
4. The second respondent / The New India Assurance Co., Ltd., is directed to deposit the enhanced amount of Rs.1,95,000/- (Rupees one lakh ninety five thousand only) in addition to the amount awarded by the Tribunal, if not already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the said amount, without filing any formal petition.
5. The Tribunal is directed to transfer the amount in favour of the claimant through RTGS/NEFT, 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. . G.Paramanandan Counsel for Appellant The New India Assurance Co. Ltd., No.45, 2nd Line Beach Moore Street, Chennai - 600 001.
Now at Door.No.232, NSC Bose Road, Bombay Mutual Building, Chennai - 1.
Counsel for Second 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 Accident Claims Tribunal, IV 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
MOHAMMED SHAFFIQ., J av C.M.A.No.2301 of 2017 09.09.2023