Nishanthini v. R. Ganesh

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of September 2025 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.ARUL MURUGAN and Members Mr. M.Pughazhendhi, District Judge (Retd.) Mr. K.Ethirajalu, Advocate C.M.A.No.3179 of 2024 (Appeal against the award and decree in M.C.O.P.No.2517 of 2020, dated 16.11.2023 on the file of the Motor Accidents claims Tribunal, III Judge, Small Causes Court at Chennai. Nishanthini .. Appellant Vs.

1. Ganesh.R

2. United India Insurance Company Limited, Motor Third Party Claims Hub, No.134, Greams Road, IV Floor, Anna Salai, Chennai - 600 006. .. Respondents (1st Respondent remained Exparte in the Tribunal Notice to the 1st respondent Dispensed with) On representation of the counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Partheeban, learned counsel for the appellant and Mr.R.Rajesh, learned Standing Counsel for the 2nd respondent 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 Tribunal has awarded a sum of Rs.2,46,500/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Not satisfied with the award of the Tribunal, the appellant/claimant, has preferred the present appeal. Now, both the parties have agreed for a settlement of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) in full quit over and above the amount awarded by the Tribunal. It is represented by the learned counsel for the respondent that already the entire award amount has been deposited with interest.

3. The appellant along with her counsel and the learned counsel for the Insurance Company are present before the Lok Adalat. The parties have entered into a settlement that award can be passed in the appeal by enhancing the award amount by a sum of Rs.1,75,000/- over and above the award amount of the Tribunal in full quit.

4. The 2nd respondent / Insurance Company shall deposit the enhanced award amount in this appeal within a period of four weeks from the date of receipt of a copy of this order. On such deposit, it is open to the claimant to file necessary application for withdrawal. The Award is passed accordingly.

5.The Tribunal is directed to transfer the amount through

RTGS/NEFT to to the parties concerned on proper identification in accordance with the terms of the award. The Civil Miscellaneous Appeal is disposed of accordingly.

Nishanthini Counsel for the appellant United India Insurance Company Limited, Katpadi Road, Vellore, Vellore District.

Counsel for the 2nd 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 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To:The parties/Advocate concerned Copy to:

1.Motor Accidents Claims Tribunal, III Judge, 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 G.ARUL MURUGAN,J.

KKN C.M.A.No. 3179 of 2024 13.09.2025