Tmt Guna v. Prem Kumar
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd) Mr.Sai Srujan TAYI, Advocate CMA No.1159 of 2019 Appeal against the Judgment and decree dated 08.04.2013 passed in M.A.C.T.O.P.No.2057 of 2009 on the file of the Motor Accidents Claims Tribunal and VI Court of Small Causes, Chennai.
Guna ...Appellant Vs.
1.Prem kumar 2.Reliance General Insurance Co. Ltd.
Reliance House Sixth Floor, Haddows Road, Nungambakkam, Chennai-600 034.
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.P.Nagaraj for V.Velu, learned counsel for appellant and Mrs.Kency niromila, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: 1/5
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.5,74,500/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. The respondent Insurance Company has already complied the award. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to enhance the award in addition to already paid for a sum of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand Only) in full quit without interest as compensation.
3. The Respondent Insurance Company is directed to deposit the above said accepted award amount of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand Only) in full quit without interest after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this award.
4. On such deposit, the claimant/appellant is permitted to withdraw the modified amount without filing any formal petition. Award is passed accordingly.
2/5
5. 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. The connected miscellaneous petition is closed, if any.
Guna Counsel for the Appellant 1.Prem kumar 2.Reliance General Insurance Co. Ltd.
Reliance House Sixth Floor, Haddows Road, Nungambakkam, Chennai-600 034.
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 To:
The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal and VI Court of Small Causes, Chennai.
3/5
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 kmm/gd 4/5
R.KALAIMATHI.J., kmm/gd CMA No.1159 of 2019 11.03.2023 5/5