G.Prabhakar v. Sri Krishna Lorry Service

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of February 2023 NATIONAL LOK ADALAT (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. P.Rosiah, District Judge (Retd)

2. Mrs.A.Veeramarthini C.M.A.No.1155 of 2022 G.Prabhakar ... Appellant Vs

1. Sri Krishna Lorry Service, Shop No.1, Kalyani Complex, Ramapuram, X Road, Nullabandagudem, Nalgund District, Andhra Pradesh -508 206.

2. ICICI Lombard General Insurance Co.Ltd., No.140, 2nd and 3rd Floor, Nungambakkam High Road, Chennai-34.

3. ICICI Lombard General Insurance Co.Ltd., Arihant Plaza, I-Floor, No.84/85, Waltax Road, Chennai-3.

This Civil Miscellaneous Appeal has been filed against the Award in W.C. No.219 of 2010 dated 12.11.2018 on the file of the Joint Commissioner for Workmen Compensation-II, Chennai.

This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.K.R.Ponnusami for M/s.Anand and Suryas', learned counsel for the Appellant, Mrs.Sri Vidhya, learned Advocate for the Respondent/Insurance are 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 Joint Commissioner has awarded a sum of Rs.2,11,152/- with interest at 12% from the date of filing of the petition till the date of deposit with costs. The second and third respondent/Insurance Company has already deposited the award amount and the same has been withdrawn by the appellant.

2. Not satisfied with the award of the Joint Commissioner, the appellant/claimant has preferred the present appeal for enhancement. Now both the parties have agreed to a sum of Rs.2,80,000/- (Rupees Two lakhs eighty thousand only), over and above the award amount passed by the Joint Commissioner as additional compensation.

3. The second and third respondent/Insurance Company are directed to deposit the enhanced award amount of Rs.2,80,000/- (Rupees Two lakhs and eighty thousand only) within a period of four weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the claimant/appellant is permitted to withdraw his enhanced award amount of Rs.2,80,000/- without filing any formal petition before the Joint Commissioner -II, Chennai. The Award is passed accordingly.

5. The Joint Commissioner-II, Chennai is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

6. This Civil Miscellaneous Appeal is disposed of accordingly. G.Prabhakar Counsel for Appellant ICICI Lombard General Insurance Co.Ltd., Chennai-34. Counsel for 2nd respondent ICICI Lombard General Insurance Co.Ltd., Chennai-3.

Counsel for 3rd respondent 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 2 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned

T.V.THAMILSELVI, J.

Vv Copy to:

1. The Joint Commissioner for Workmen Compensation-II, 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 C.M.A.No.1155 of 11.02.2023