Raghuvaran v. Rahumaniya Auto Drivers Industrial Co-Operative Society Ltd

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.147 of 2024 (Appeal against the Judgment and Decree passed on 28.06.2023 in M.A.C.T.O.P.No.600 of 2016 on the file of the III Court of Small Causes Court, Chennai.) Raghuvaran ...Appellant/Petitioner Vs.

1.Rahumaniya Auto Drivers Industrial Co-operative Society Limited, No.124, Pulla Puram, Kilpauk, Chennai - 600 010 (1st respondent was set ex parte in the trial Court) 2.The United India Insurance Co. Ltd., Third Party Hub, Silingi building, No.134, Greams Road, Murugesanaicker Street, 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.K.V.Muthu Visakan, learned counsel for the appellant and Mr.S.Arunkumar, 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:

TERMS OF SETTLEMENT 1/3

The appeal is at the instigation of Claimant. The Tribunal has awarded a sum of Rs.81,400/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant had preferred the present appeal seeking enhancement of the amount to a sum of Rs.2,00,000/-. Pending the appeal, the parties have settled the matter.

2.After due deliberation and consultation, both the parties have agreed to enhance the Award to a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) in full quit over and above the award amount. 3.The 2nd respondent is directed to deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant/appellant is permitted to withdraw the enhanced amount, without filing any formal petition. Award is passed accordingly. 4.The Tribunal 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. The Civil Miscellaneous Appeal is disposed of accordingly. Raghuvaran Counsel for the Appellant The United India Insurance Co. Ltd., Third Party Hub, Silingi building, No.134, Greams Road, Murugesanaicker Street, Chennai - 600 006 Counsel for the 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. 2/3

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 nl/mkn2 To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, IIIrd Small Causes Court, Chennai 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.147 of 2024 08.06.2024 3/3