P.N.Kumar v. Icici Lombord Gen Ins., Co., Ltd., Puducherry

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th September 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD and Members Mr.K.Ramakrishnan, District Judge (retd) Mr.K.V.Muthu Visakan, Advocate C.M.A.No.2729 of 2017 (Appeal against the judgment and decree passed on 13.06.2017 made in MCOP.No.11 of 2015 on the file of the Motor Accidents Claims Tribunal, II Additional District Court, Poonamallee 1.P.N.Kumar 2.K.Deepa 3.B.Meena ......Appellants /versus/ 1.Prashanth Kumar 2.ICICI Lombord General Insurance Company Ltd., Building No.142, 1st Floor, ECR Main Road, Kottupalayam, Puducherry.

......Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.M.Sivakumar, learned counsel for appellants and

Mrs.R.Sreevidhya, learned counsel for the respondents 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.1,75,000/- with interest at the rate of 7.5% per annum as compensation to the appellants. Challenging the same, the appellants has preferred this appeal.

2. Not satisfied with the award of the Tribunal, the appellants have preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.1,75,000/- (Rupees one Lakhs Seventy Five Thousand only) in full quit (inclusive of interest).

3. The learned counsel appearing for the second respondent/insurance company has submitted that insurance company has already deposited the tribunal award amount of Rs.1,75,000/- (Rupees One Lakhs Seventy Five Thousand only) along with interest and the same was also withdrawn by the appellants.

4. The second respondent/insurance company is directed to deposit the

enhanced amount of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) in full quit (inclusive of interest), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit of the aforesaid enhanced amount by the second respondent/insurance company, the appellants are permitted to withdraw the same and share the said amount equally, without filing any formal petition. The Award is passed accordingly.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. 1.P.N.Kumar 2.K.Deepa 3.B.Meena Counsel for the Appellants ICICI Lombord General Insurance Company Ltd., Building No.142, 1st Floor, ECR Main Road, Kottupalayam, Puducherry.

Counsel for the 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

J.SATHYA NARAYANA PRASAD, J.

vm/dpq To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Motor Accidents Claims Tribunal, II Additional District Court, Poonamallee 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.2729 of 2017 Dated :09.09.2023