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Madras High CourtCMA/400/2023disposed of

A. Vasantha v. K. Suthanthira Rani

2023-03-11Honourable Mr Justice S. Sounthar4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:

Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.No.400 of 2023 (Appeal against the award made in M.C.O.P.No.2376 of 2019, dated 16.02.2022 on the file of the Motor Accident Claims Tribunal, I Additional District and Sessions Judge, Cuddalore.

A.Vasantha ... Appellant Vs.

1.Suthanthira Rani 2.The Divisional Manager, M/s.United India Insurance Company Limited, No.13A, Nethaji Road, Manjakuppam, Cuddalore - 607 001.

.. Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, learned counsel appearing for the appellant and R.Venkatesa Perumal learned counsel appearing for first respondent and Mr.J.Michel Visuvasam learned counsel appearing for the second 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 The Tribunal has awarded a sum of Rs.14,88,935/-, with interest 7.5% at the rate of per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the said award, the appellant has preferred the present appeal.

2. The appellant and second respondent/Insurance company entered in a compromise on following terms;

(i) The second respondent is agreed to settle for a sum of Rs.2,50,000/- in full quit over and above awarded Tribunal on the said sum. (ii) The second respondent is agreed to deposit the entire award amount as awarded by the Tribunal together with interest and the above said a sum of Rs.2,50,000/- (without interest) within a period of eight weeks from today. (iii) On such deposit, the appellant is permitted to withdraw entire amount by making formal application.

3. Accordingly, the Tribunal is directed to transfer the amount through RTGS to the parties on proper identification in accordance with the terms of the award. The Award is passed accordingly.

The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed.

A.Vasantha Counsel for Appellant 1.Suthanthira Rani 2.The Divisional Manager, M/s.United India Insurance Company Limited, No.13A, Nethaji Road, Manjakuppam, Cuddalore - 607 001.

Counsel for Respondents 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

S.SOUNTHAR, J.

ub/nti To: The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, I Additional District and Sessions Judge, Cuddalore.

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 nti/ub C.M.A.No.400 of 2023 11.03.2023