P.Dakshinamoorthy v. B.Srinivasan

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.2905 of 2023 Appeal against the Judgment and decree in M.C.O.P.No.773 of 2016 dated 15.10.2023 on the file of the Motor Accident Claims Tribunal (Sub Court), Poonamallee.

P.Dakshinamoorthy ...Appellant Vs.

1.B.Srinivasan 2.United India Insurance Company Limited, 48, Arcot Road, Saligramam, Chennai 600098

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj, 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 dismissed the claim petition filed by the appellant claiming compensation of Rs.2,00,000/- for the injuries sustained by him, against which, the appellant/claimant has preferred the present appeal.

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

3. The 2nd respondent/Insurance Company is directed to deposit the above said 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.

4. On such deposit, the appellant/claimant is permitted to withdraw the modified amount without filing any formal petition.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party 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. 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. P.Dakshinamoorthy Counsel for the Appellant 1.B.Srinivasan 2.United India Insurance Company Limited, 48, Arcot Road, Saligramam, Chennai 600098 2ndRespondent/Insurance Company Judge Member Member mac/gya

R.KALAIMATHI,J.

mac/gya To:

The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal (Sub 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.2905 of 2023 09.03.2024