S.Ilaiya Kumar v. R.Ravichandran

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 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 K.GNANAPRAKASAM(RETD.) AND Members Mr.S.Baskaran, District Judge (Retd.) Ms.Jemmy Vasanth, Advocate C.M.A.No.2001 of 2024 (Against the Judgment and Decree passed in M.C.O.P.No.4578 of 2016 by the Motor Accident Claims Tribunal, Chennai in the Special Sub Judge - II of the Small Causes, Chennai - 104) S.Ilaiya Kumar S/o Sami Reddiyar ...Appellant/Petitioner Vs.

1.R. Ravichandran (R1 remained exparte before the Tribunal) 2.National Insurance Co.Ltd., Motor Third Party Cell, No.46, Moore Street, III Floor, Chennai - 600 001 (Now the Company Shifted to No.66, Greams Road, Murugesan Naicken Complex, 1st Floor, Chennai - 600 006.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.M.Pachaiyappan and the learned counsel for the 2nd respondent Mr.J.Michael Visuvasam 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 Both the parties and their respective counsel are present. 2.The instant appeal has been preferred by the claimant seeking enhancement of the compensation awarded by the Tribunal. The Tribunal awarded a compensation of Rs.19,14,200/- @ 7.5.% p.a. 3.Parties have now agreed for a settlement, by which the 2nd respondent/Insurance Company has agreed to pay an additional sum of Rs.17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand only) in full quit less the amount already deposited to the claimant, within a period of eight (8) weeks from the date of receipt of a copy of this order. On such deposit, the claimant shall be entitled to withdraw the said amount. 4.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 ordered accordingly.

S.Ilaiya Kumar Counsel for the Appellant National Insurance Co.Ltd., Motor Third Party Cell, No.46, Moore Street, III Floor, Chennai - 600 001 (Now the Company Shifted to No.66, Greams Road, Murugesan Naicken Complex,

1st Floor, Chennai - 600 006.

Counsel for the 2nd Respondent 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.The Motor Accident Claims Tribunal, Special Sub Court No.2, Small Causes Court, 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

K.GNANAPRAKASAM (Retd.) dk/ham C.M.A.No.2001 of 2024 Dated: 14.09.2024