B.Valliyammal v. V.Navaneetha Krishnan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and Members Mr. R. Ravindra Bose, District Judge (Retired) Mr. M.Selvaraj, Advocate C.M.A.No.360 of 2024 (Appeal against the Judgment and Decree passed on 14.02.2023 in M.C.O.P.No.1972 of 2021 on the file of the learned Motor Accident Claims Tribunal, Special Sub Judge II, Small Causes Court, Chennai) 1.B.Valliyammal 2.B.Tamilselvan 3.B.Tamilselvi 4.A.Saradha 5.V.Arumugam ...Appellants/Petitioners Vs.
1.V.Navaneetha Krishnan 2.The United India Insurance Co. Ltd., No.134, Silingi Building, Greams Road, Chennai - 600 006
...Respondents
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.R.Dinesh Kumar, learned counsel for the appellants and Mr.P.Sankara Narayanan, learned 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:
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TERMS OF SETTLEMENT The appeal is at the instance of the claimants against the judgment and decree passed on 14.02.2023 in M.C.O.P.No.1972 of 2021. Pending the appeal, Mr.V.Arumugam/5th appellant has passed away. The legal representatives of the 5th appellant is the 4th appellant/A.Saradha. The memo has been filed to recognize her as the legal representative of the 5th appellant. Accordingly, the memo is hereby recorded and ordered.
2. The claimants sought a sum of Rs.40,00,000/-. The Tribunal has awarded a sum of Rs.20,58,200/- (Rupees Twenty Lakhs Fifty Eight and Two Hundred only) together with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.
3. Seeking enhancement by a sum of Rs.10,00,000/-, the present appeal has been filed. Pending the appeal, the parties have settled the matter.
4. After due deliberation and consultation, the parties have arrived at a compromise and have agreed to receive a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in full quit. The amount, which has been granted for Mr.V.Arumugam/5th appellant in the compromise today, will be received by his legal representative 4th appellant/A.Saradha.
5. The 2nd respondent/Insurance company is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimants/appellants are permitted to withdraw the enhanced amount as per the apportionment fixed by the Tribunal, without filing any formal petition. Award is passed accordingly.
6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms 2/4
of the Award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. 1.B.Valliyammal 2.B.Tamilselvan 3.B.Tamilselvi 4.A.Saradha Counsel for the Appellants The United India Insurance Co. Ltd., No.134, Silingi Building, Greams Road, Chennai - 600 006 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 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 mkn2 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Special Sub Judge II, Small Causes Court, Chennai 3/4
2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies C.M.A.No.360 of 2024 08.06.2024 4/4