Balamani v. S.Selvarajan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) AND Members 1.Mr.M.Pughazhendi, (Advocate) 2.Mr. S. Sridevi (Advocate) C.M.A.No.3063 of 2024 (Against the award and decree passed on 23.04.2024 made in M.C.O.P.No.6796 of 2018 on the file of the Motor Accident Claims Tribunal, (III Court of Small Causes Court) at Chennai). Balamani W/o. S. Selvarajan ... Appellant / Petitioner Vs.
1.S. Selvarajan S/o. E.Sankara Reddiyar Old No.57/59, New No.59, 2nd Cross Street, C.I.T. Nagar East, Nandanam, Chennai-600 034.
2.United India Insurance Co. Ltd., Silingi Buildings, No.134, Greams Road, Chennai 600 006.
.. Respondents / Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.K. Balaji and the learned counsel for the second respondent Mr.D. Baskaran are present. No appearance for the 1st 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 1/4
Both the parties and their respective counsel are present. 2.The above appeal has been preferred by the claimant, challenging the quantum of amount awarded by the Tribunal i.e., Rs.47,200/- along with interest at the rate of 7.5% per annum from the date of filing of the claim petition i.e. 29.10.2018 till the date of realization. 3.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.1,50,000/- (Rupees One lakh and Fifty Thousand only) over and above the amount awarded by the Tribunal, in full quit to the claimant, within a period of four weeks from the date of receipt of a copy of this order.
4.The Insurance Company shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only), over and above the amount awarded by the Tribunal, within a period of Four weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum.
5.On such deposit, the claimant is entitled to receive the entire award amount. The claimant is permitted to withdraw the entire award amount. The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
Balamani W/o. S. Selvarajan Counsel for the Appellant United India Insurance Co. Ltd., Silingi Buildings, No.134, Greams Road, Chennai 600 006.
Counsel for the second Respondent 2/4
This National Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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 To The parties/Advocate concerned Copy to 1 Motor Accident Claims Tribunal, (III Court of Small Causes Court) at 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 3/4
B.GOKULDAS.,J.
sai/vca C.M.A.No.3063 of 2024 08.03.2025 4/4