The Manager v. Praveen Yadav
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 23rd day of January, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.VIJAYARAGHAVAN, J (Retd.) and Members Mr. K.Ramasamy Mrs. N.Jayabharathi C.M.A.No.2455 of 2017 (Appeal against the judgment and decree passed on 15.02.2016 in M.C.O.P.No.17 of 2014 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge's), Chidambaram. The Manager, National Insurance Co Ltd., Motor Third Party Claims Hub 3rd Floor, No.46, Moore Street,, Chennai - 600 001.
.. Appellant /2nd Respondent Vs.
1.Praveen Yadav .. Respondent/ petitioner 2.Madhan (R2 exparte before the tribunal) This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.P.Sankaranarayanan, the learned counsel for the appellant and the first respondent/claimant appeared as party in person 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.3,25,280/- with interest at 7.5% per annum from the date of petition till the date of deposit with pro costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.3,40,000/- (Rupees Three Lakhs Forty Thousand only) in full quit (inclusive of interest) as compensation.
3. The appellant / Insurance Company is directed to deposit the above said modified award amount of Rs.3,40,000/-(Rupees Three Lakhs Forty Thousand Only) after giving due credit to any amount already deposited to the credit of the above MCOP before the Trial Court, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the first respondent/claimant is entitled to withdraw the aforesaid sum of Rs.3,40,000/- without filing any formal petition. Award is passed accordingly.
4. The Tribunal is directed to issue the cheque to the party concerned 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. Consequently, connected Miscellaneous Petition is closed.
sd/- The Manager, National Insurance Co Ltd., Motor Third Party Claims Hub 3rd Floor, No.46, Moore Street,, sd/- Chennai - 600 001.
Counsel for the appellant sd/- Praveen Yadav - First respondent/Party in person 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.
sd/- Judge sd/- sd/- Member Member s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal (II Additional District Judge's), Chidambaram 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.2455 of 2017 SSI(CO) SP(27/02/2018)