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Madras High CourtCMA/2312/2017settled before the lokadalats

Ravi v. P. Ramakrishnan

2019-03-09Honourable Mr Justice M. Nirmal Kumar4 pages

NATIONAL LOK ADALAT Organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR and Members:

Mr.T. Sankara Narayanan Pillai Mr.Tranqubar Dorai Vasu C.M.A.No.2312 of 2017 The Appeal is filed to enhance the award dated 02.03.2016 and made in M.A.C.T.O.P.No.973 of 2014 on the file of the Motor Accident Claims Tribunal, IV Judge Small Causes Court, Chennai. Ravi S/o.Elumalai, Old No.20, N.No.16, Malrosaburam Kootu Road, Maraimalai Nagar, Kancheepuram District-603 204.

...Appellant Vs.

1.P.Ramakrishnan, S/o.Palani, No.47-A/5, Pillaiyar Koil Street, Venmar, Thirukoilur Taluk, Villupuram District-605 757.

2.United India Insurance Co.Ltd., Motor Third Party Claims Hub, Sillingi Building, 4th floor, No.134, Greams Road, Chennai-600 006.

...Respondents

This case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.F.Terry Chella Raja and the learned for the respondents Mr.Arun Kumar 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 appellant has preferred the present appeal aggrieved against the Award of the Tribunal to enhance the compensation.

2. It is represented by the United India Insurance Co. Ltd., that the amount claimed before the Tribunal is Rs.8,00,000/- and the amount awarded by the Tribunal is Rs.1,20,500/-. Now, the Insurance company has further agreed to pay a sum of Rs.2,00,000/- in full quit. 3.By way of compromise, it is agreed by both side that the enhanced compensation amount of Rs.2,00,000/- in full quit shall be deposited within a period of six weeks from the date of receipt of a copy of this order as full quit and the claimant is permitted to withdraw the said amount Rs.2,00,000/-, without filling any petition. Award is modified accordingly.

3. The Tribunal is directed to transfer the above said modified award amount to the individual bank account of the appellant by way of NEFT/RTGS, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. 4.The Civil Miscellaneous Appeal is disposed of accordingly. This 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.

Ravi ... Counsel for Appellant United India Insurance Co.Ltd., Motor Third Party Claims Hub, Sillingi Building, 4th floor, No.134, Greams Road, Chennai-600 006.

... Counsel for 2nd Respondent Judge Member Member M.NIRMAL KUMAR.J, vv2

To The parties/Counsel concerned Copy to 1.The Motors Accidents Claims Tribunal, In the III Court of Small Causes, 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. C.M.A.No.2312 of 2017 09.03.2019