Madras High CourtCMA/2575/2023settled before the lokadalats

Selvi v. C. Loganathan

2023-12-09Honourable Mr Justice A.A.Nakkiran2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th December, 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 A.A.NAKKIRAN Members:-

(1) Mr.A.Ratnavelu, District Judge (Rtd.)

(2) Mr.E.V.Chandru, Advocate CMA.No.2575 of 2023 (This Civil Miscellaneous Appeal is filed against the judgement and decree, dated 06.07.2023 made in MCOP.No.6349 of 2017, on the file of the Motor Accidents Claims Tribunal (IV Small Causes Court, Chennai).

1. Selvi Appellant(s) Vs.

1. C.Loganathan

2. The United India Insurance Co. Ltd, Chennai-6 Respondent(s) This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.U.Chithambaram , the learned counsel for the Appellant(s) and Mr.R.Rajesh the learned counsel for the 2nd Respondent are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT

1. This Appeal has been filed by the Claimant against the impugned award of the Tribunal.

2. The impugned Quantum of Compensation is Rs.1,76,500/- with interest at 7.5% per annum from the date of the petition till the date of realisation.

3. As per the mutual discussion, negotiation, mediation and conciliation between both the parties, both the parties have agreed for a sum of Rs.60,000/- over and above the impugned award amount, in full quit. Accordingly, there shall be an award for a sum of Rs.60,000/-, over and above the impugned award amount in full quit.

4. The 2nd Respondent Insurance Company is directed to deposit the entire award amount, as stated above, after deducting the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant is permitted to withdraw the same. https://www.mhc.tn.gov.in/judis

5. On such deposit being made, the Tribunal is directed to issue the cheques to the parties concerned on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. Award is passed and this Civil Miscellaneous Appeal is disposed of accordingly. Counsel for the Appellant(s) Counsel for the Respondent(s) 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/Advocates concerned.

Copy to:

1.The Motor Accidents Claims Tribunal, (IV 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 Srcm CMA.No.2575 of 2023 09.12.2023 https://www.mhc.tn.gov.in/judis