Madras High CourtCMA/3176/2017settled before the lokadalats

Viruthagiri v. Reliance General Ins. Co.Chennai

2022-11-12Honourable Mr Justice Sunder Mohan4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.K.Shivakumar C.M.A.No.3176 of 2017 (Appeal against the judgment and decree passed on 22.12.2016 made in M.C.O.P.No.161 of 2016 on the file of the Motor Accidents Claims Tribunal/ Special District Judge, Villupuram) Viruthagiri ... Appellant Vs.

1.S.Venugopal (Set exparte before the Tribunal) 2.Reliance General Insurance Company Limited, No.3, 6th Floor, Haddows Road, Nungambakkam, Chennai.

... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.D.Roobanmani and the learned counsel for the second respondent, Ms.C.Bhuvanasundari are present. No appearance for the first respondent. 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. They

arrived at settlement.

2. The Tribunal has awarded a sum of Rs.30,000/-(Rupees thirty thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved by the award, the appellant/claimant has preferred the present appeal, for enhancement.

4. The Appellant herein is entitled to withdraw the award amount with interest, which was already deposited by the Insurance Company. In addition, now the Insurance Company agreed to pay a sum of Rs.2,00,000/-(Rupees two lakh only) (without interest), which is also acceptable by the Appellant. The second respondent/Insurance Company is directed to deposit the award amount, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the entire Award amount, after deducting the amount already withdrawn by the claimant, if any. Award is passed accordingly.

5. The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Viruthagiri Counsel for the appellant 1.S.Venugopal 2.Reliance General Insurance Company Limited, No.3, 6th Floor, Haddows Road, Nungambakkam, Chennai.

Counsel for the second 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 Accidents Claims Tribunal/Special District Judge, Villupuram. 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.

SUNDER MOHAN, J.

sri/sai C.M.A.No.3176 of 2017 12.11.2022