Raju Kazi v. R. Rajesh

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th September 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 B. GOKULDAS (Retd.) AND Members Mrs.M.Rajalakshmi, B.SC., M.L.District Judge (Retd.) Mr.R.Ganesh, Senior Advocate C.M.A.No.2353 of 2025 (Appeal against the judgment and decree passed on 05.03.2025 made in M.C.O.P.No.2300 of 2020 on the file of the Motor Accident Claims Tribunal, Special Sub Judge-I, Small Causes Court, Chennai) Raju kazi ... Appellant/ Petitioner Vs

1. R.Rajesh

2. The New India Assurance Co. Ltd., Motor Third Party Claims Hub, Bombay Mutual Building, 6th Floor, No.221, N.S.C.Bose Road, Chennai - 600 001.

... Respondents/ Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr. K.Balaji, learned counsel for the appellant/ claimant and Miss.A.Salomi, learned counsel for the second respondent/insurance company 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.1,32,000/-, with interest at 7.5% per annum, from the date of numbering of petition till the date of realisation, excluding the default period, if any. Aggrieved by the award of the Tribunal, the appellant/ claimant had preferred the present appeal.

2.

It is stated that the second respondent / insurance company had already deposited the award amount made by the Tribunal with interest to the credit of M.C.O.P.No.2300 of 2020 on the file of the Motor Accident Claims Tribunal, Special Sub Judge No.I, Small Causes Court, Chennai and the same has been withdrawn by the appellant/ claimant. 3.

After due deliberation and consultation, both the parties have agreed to settle the award to a sum of Rs.90,000/- (Rupees Ninety Thousand Only) over and above the award amount of the Tribunal, as full quit compensation.

4.

The second respondent/ insurance company is directed to deposit the amount of Rs.90,000/- (Rupees Ninety Thousand Only) now arrived today, within a period of four weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No. 2300 of 2020 on the file of the Motor Accident Claims Tribunal, Special Sub Judge No.1, Small Causes Court, Chennai. 5.

The Tribunal is directed to transfer the above said award amount to the Bank account of the appellant/ claimant by way of NEFT / RTGS, 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. No costs. Consequently, connected civil miscellaneous petition, if any, stands closed.

Raju kazi Counsel for the Appellant The New India Assurance Co. Ltd., Motor Third Party Claims Hub, Bombay Mutual Building, 6th Floor, No.221, N.S.C.Bose Road, Chennai - 600 001.

Counsel for the 2nd 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 nvi

B. GOKULDAS (Retd.) nvi To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Special Sub Judge-1, 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 C.M.A.No.2353 of 2025 13.09.2025