K.R.Sailaja v. V.Boopalan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th March 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.SENTHILKUMAR and Members Mr.N. Balasubramanian (Rtd. District Judge) Mr.Sai Srujan Tayi (Advocate) C.M.A.NO. 2934 of 2023 (Appeal against the judment and decree passed on 26.07.2023 made in M.C.O.P.No.5384 of 2018 on the file of the Motor Accident Claims Tribunal, (in the III Court of Small Causes, Chennai). 1.K.R. Sailaja, W/o. late Purushothaman 2.P. Anish, S/o. late Purushothaman 3.Archana, W/o. Dilipkumar 4.Anjana Nair, D/o. late Purushothaman ...
Appellants Vs 1.V. Boopalan 2.Oriental India Insurance Co., Ltd., Motor Third Party Cell, No.115, 2nd Floor, Oriental House, Prakasam Salai, Chennai - 600 108.
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Respondents
This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.Ayyadurai, learned counsel for the Appellants and Mr.J.Chandran, learned counsel for the second 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.6,40,000/-, with interest at 7.5% per annum, from the date of petition, till the date of relisation. Aggrieved by the award of the Tribunal, the appellants / claimants had preferred the present appeal.
2. Both parties and counsels are present today and agreed to settle for a sum of Rs.1,47,616/- as enhanced amount. The Insurance Company is directed to deposit the said amount of Rs.1,47,616/- within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the same.
3. The second respondent / Insurance Company is directed to deposit the amount of compensation now arrived at today, less the
amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.5384 of 2018, on the file of the Motor Accident Claims Tribunal, (in the III Court of Small Causes, Chennai). On such deposit being made, the appellants / claimants are permitted to withdraw the amount on filing proper application. The apportionment shall be made as per the order of the Tribunal.
4. The Tribunal is directed to transfer the above said award amount to the Bank account of the appellants / claimants by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
5. The Civil Miscellaneous Appeal is disposed of accordingly. No costs.
1.K.R. Sailaja, W/o. late Purushothaman 2.P. Anish, S/o. late Purushothaman 3.Archana, W/o. Dilipkumar 4.Anjana Nair, D/o. late Purushothaman Counsel for the Appellants
M/s.Oriental India Insurance Co., Ltd., Motor Third Party Cell, No.115, 2nd Floor, Oriental House, Prakasam Salai, Chennai - 600 108.
Counsel for the 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
N.SENTHILKUMAR, J.
at/skr To:The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, (in the III Court of Small Causes, 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. 2934 of 2023 09.03.2024