Saravanan @ Sadatcharam v. D.Kumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of August 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. JUSTICE K.RAJASEKAR and Members Miss. V. Ahalya, District Judge (Retd.) Mrs. D. Prasanna, Advocate C.M.A.No.1183 of 2020 [Appeal against the judgment and decree passed on 06.01.2010 made in M.A.C.T.O.P.No.1508 of 2003 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge) Puducherry] Saravanan @ Sadatcharam ... Appellant / Claimant Vs.

1. D.Kumar [R1 remained ex-parte before Tribunal.

Hence, notice to R1 dispensed with] 2.The Divisional Manager, The New India Assurance Company Ltd., No.30, J.N.Street, Pondicherry.

... Respondents / Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.J.Kumaran and the learned counsel for the second respondent Mr.J.Chandran 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 Tribunal has awarded a sum of Rs.87,000/-(Rupees Eighty Seven Thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved against the award, the appellant/claimant has preferred the present appeal.

4. Now the appellant/claimant had agreed to receive a sum of Rs.2,25,000/-(Rupees Two Lakhs Twenty Five Thousand only) as lumpsum payment (without interest). The second respondent / Insurance Company is directed to deposit the entire award amount of Rs.2,25,000/-, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this order. Failing to deposit the said amount within the period of four weeks, interst will be carried out at the rate of 7.5% per annum. From the amount to be deposited and already deposited, the claimant is entitled to withdraw the award amount. Award is passed accordingly.

5. The Tribunal is directed to issue the cheque 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. Consequently, the connected miscellaneous petitions are closed, if any.

Saravanan @ Sadatcharam Counsel for the appellant

The Divisional Manager, The New India Assurance Company Ltd., No.30, J.N.Street, Pondicherry.

Counsel for the 2nd respondent/ Insurance Company 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 Accidents Claims Tribunal, Additiional Subordinate Judge, Pondicherry.

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. K.RAJASEKAR, J.

ssi C.M.A.No.1183 of 2020 12.08.2023