Valarmathi v. Kumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th September 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE T.V.THAMILSELVI and Members

1. Mr.N.Balasubramanian, District Judge (Retd), Member

2. Mr.P.G.Kumaraguru, Member C.M.A.NO.576 OF 2023 (Appeal against the judgment and decree passed on 21.04.2022 made in M.C.O.P.No.8 of 2021 on the file of the Subordinate Court, Thitagudi (Motor Accidents Claims Tribunal).

Valarmathi ..

Appellant /versus/ 1.Kumar S/o.Chinnathambi 2.The Oriental Insurance Company Ltd., Motor TP HUB, Oriental House, Second Floor, No.115, Broadway, Chennai-600 108.

..

Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.S.Udhayakumar, learned counsel for appellant/claimant and Mr.P.Kandasamy, learned counsel for the second respondent are present. After mutual discussion, negotiation, the following award is passed:

TERMS OF SETTLEMENT Both the parties voluntarily have come to the settlement before the Lok Adalat as follows:

(i) As against the award passed by the learned Subordinate Judge, (Motor Accidents Claims Tribunal) Thitagudii, a sum of Rs.2,21,000/- with 7.5% interest. Today the parties have agreed to settle for a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) as full quit, in addition to the award passed by the Court below.

(ii) It is represented that a sum of Rs.2,21,000/- has already been deposited in the credit of M.C.O.P.No.8 of 2021 in the trial court and withdrawn by the claimant. Today the parties agreed to accept the enhanced amount of Rs.75,000/-(Rupees Seventy Five Thousand only) as full quit. (iii) Therefore, the second respondent is directed to deposit the enhanced amount of Rs.75,000/- (Rupees Seventy Five Thousand Only) now arrived at by the parties today, before this Court as full quit. (iv) An amount of Rs.75,000/- now arrived by the parties shall be deposited before the Tribunal within a period of 6 weeks from the date of this order, failing which, the appellant / claimant are entitled to get 12% interest on that amount.

(v) Upon such deposit, the claimant is entitled to withdraw the amount in accordance to the procedure.

(vi) The Second Respondent / Oriental Insurance Company is entitled to refund of Court fee as per the rules. Award is passed with the above terms.

Valarmathi Counsel for the Appellant 1.Kumar S/o.Chinnathambi 2.The Oriental Insurance Company Ltd., Motor TP HUB, Oriental House, Second Floor, No.115, Broadway, Chennai-600 108.

Counsel for the Respondent Judge Member Member

T.V.THAMILSELVI, J.

rri To:The parties/Advocate concerned Copy to:

1.The Subordinate Judge (Motor Accients Claims Tribunal), Thitagudi. 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.576 OF 2023 09.09.2023