Muthukumar v. Srinivasa Rao

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.Justice R.KALAIMATHI AND Members Mr.A.Thanikasalam, District Judge (Retd.) Mrs.K.Kavitha, Advocate C.M.A.No.2781 of 2023 Appeal against the Judgment and Decree in M.C.O.P.No.494 of 2018 dated 25.07.2023 on the file of the Motor Accident Claims Tribunal (Special Sub-Court No.I, Small Causes Court), Chennai. Muthukumar ...Appellant Vs.

1.Srinivasa Rao 2.United India Insurance Co.Ltd., No.24, Ratan Bazar, Chennai - 600 003.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadha Kamaraj, learned counsel for appellant is 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.34,558/- with interest at 7.5% per annum from the date of numbering of petition till the date of realisation as compensation.

2. It is represented that the 2nd respondent / Insurance Company has already deposited the award amount before the Tribunal. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

3. After due deliberation, both the parties have agreed to settle the award for a sum of Rs.30,000/- (Rupees Thirty Thousand only) in full quit

over and above amount award by Tribunal.

4. The 2nd Respondent / Insurance Company is directed to deposit the above said enhanced award amount of Rs.30,000/- (Rupees Thirty Thousand only), within a period of six weeks from the date of receipt of a copy of this award.

5. On such deposit, the appellant/claimant is permitted to withdraw the enhanced amount along with the amount already deposited before the Tribunal, without filing any formal petition.

6. 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, with out insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is also closed, if any. This Lok Adalat award is passed in terms of the above settlement. The entire 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. Muthukumar Counsel for the Appellant 1.Srinivasa Rao 2.United India Insurance Co.Ltd., No.24, Ratan Bazar, Chennai - 600 003.

Counsel for the Respondent Judge Member Member klt

To:

The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal (Special Sub-Court No.I, 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

R.KALAIMATHI,J.

klt C.M.A.No.2781 of 2023 09.03.2024