Sunil Kumar v. Shekar Reddy Annapally

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of September, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Servic es Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SUNDER MOHAN AND Members Mr.G.Dharmaraj, District Judge (Retd.) Mr.C.K.Chandrasekkar, Advocate (Against the common award and decree passed on 03.10.2016 made in M.C.O.P.Nos.4712 & 4717 of 2013 on the file of the Motor Accident Claims Tribunal, (IV Court of Small Causes), Chennai).

Sunil Kumar ... Appellant in CMA.2382 of 2017 V.Subramani ... Appellant in CMA.2383 of 2017 Vs.

1.Shekar Reddy Annapally (R1 set ex parte by the Tribunal) 2.Reliance General Insurance Company Limited Plot No.2054, II Avenue, II Floor (Next to Senthil Nursing Home) Anna Nagar, Chennai 600 040 ... Respondents in both CMAs These cases came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellants, Mr.K.Varadha Kamaraj and the learned counsel for the 2nd respondent Mr.P.Suresh Srivinasan, 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 the parties and their respective counsel are present. 2.The instant appeals have been preferred by the claimants seeking enhancement of the compensation awarded by the Tribunal. The Tribunal, by a common award, granted compensation of Rs.98,750/- and Rs.1,58,300/- in MCOP.Nos.4712 and 4717 of 2013, with future interest @ 7.5.% p.a., respectively. The 2nd respondent had deposited the said amount and the appellants have withdrawn the same.

SUNDER MOHAN.,J.

ssa/gya 3.Parties have now agreed for a settlement, by which the 2nd respondent/Insurance Company has agreed to pay an additional sum of Rs.1,00,000/- (Rupees one lakh only) and Rs.1,10,000/- (Rupees one lakh ten thousand only) in CMA.Nos.2382 and 2383 of 2017, respectively, in full quit to the claimants, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants shall be entitled to withdraw the said amount.

4.The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeals are disposed of accordingly.

Sunil Kumar (Appellant in CMA.2382 of 2017) V.Subramani (Appellant in CMA.2383 of 2017) Counsel for the Appellants Vs.

Reliance General Insurance Company Limited Plot No.2054, II Avenue, II Floor (Next to Senthil Nursing Home) Anna Nagar, Chennai 600 040 Counsel for the 2nd 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 To The parties/Advocate concerned Copy to 1.The Motor Accident Claims Tribunal(IV 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 +2 copies

SUNDER MOHAN, J.

NATIONAL LOK ADALAT 09.09.2023