Janaki v. Althaf Hussain

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th 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 K.KUMARESH BABU and Members Mr.N.Balasubramanian, District Judge (Retired) Mrs.S.Jayakumari, Advocate C.M.A.No.557 of 2023 (Appeal against the judgment and decree passed on 24.07.2015 in MCOP No.179 of 2013 on the file of the Motor Accident Claims Tribunal, District Judge, Karaikal.

Janaki .. Appellant Vs;.

1. Althaf Hussain

2. R.Hithayathullah

3. The New India Assurance Co. Ltd., Rep. By its Branch Manager, Branch Office, No.F-46, I Main Road, Mangalam Buildings, II Floor, Anna Nagar East, Chennai.

..

Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Ms.G.Lavanya for M/s.T.Sai Krishnan, learned counsel for the appellant and Mr.S.Dhakshnamoorthy learned counsel for the third respondent are 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 This appeal has been filed by the claimant seeking enhancement of the award dated 24.07.2015, for a sum of Rs.2,62,000/- (Rupees Two Lakhs Six Two Thousand only) with interest at 7.5% from the date of petition till the date of deposit of compensation and costs.

2. The petitioner/claimant and the learned counsel representing the third respondent/Insurance Company are present before the Lok Adalat. The Tribunal has awarded a sum of Rs.3,29,000/- (Rupees Three Lakhs and Twenty Nine thousand only) together with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit of compensation. Pursuant to the Award, the third respondent has deposited the entire amount and the appellant/claimant has withdrawn the same. Parties have agreed to settle the entire dispute on further payment of Rs.2,00,000/- (Rupees Two Lakhs only) in full quit.

3. Accordingly, the sum of Rs.2,00,000/- (Rupees Two Lakhs only) shall be deposited before the District Judge, Motor Accident Claims Tribunal, Karaikal, to the credit of MCOP No.179 of 2013, within a period of four weeks from the date of receipt of a copy of this order.

Janaki Counsel for the appellant/ claimant The New India Assurance Co. Ltd., Rep. By its Branch Manager, Branch Office, No.F-46, I Main Road, Mangalam Buildings, II Floor, 2/5

Anna Nagar East, Chennai.

Counsel for 3rd 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, District Judge, Karaikal.

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. 3/5

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K.KUMARESH BABU, J gsa C.M.A.No.557 of 2023 08.06.2024 5/5