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Madras High CourtCMA/1292/2024settled before the lokadalats

Dr. Gopu v. P. Sabarikrishnan

2025-09-13Honourable Mr.Justice K.Rajasekar4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of September 2025.

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:

Mr.R.Ravindra Bose, District Judge (Retd.) Mr.P.Kannan, Advocate C.M.A. No.1292 of 2024 (Appeal against the judgment and decree passed on 15.03.2017 made in M.A.C.T.O.P. No.529 of 2009 on the file of the Motor Accident claims Tribunal cum Principal Subordinate Judge at Puducherry) Dr.Gopu ... Appellant / Claimant Vs.

1.P.Sabarikrishnan (R1 remained ex-parte before Tribunal) 2.The Divisional Manager, National Insurance Company Limited, Salem.

... Respondents/ Respondents The case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.I.Kumaran and the learned counsel for the second respondent - National Insurance Company Limited Mr.J.Michael Viswasam are present. The first respondent remained exparte before Tribunal. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matters as follows:

TERMS OF SETTLEMENT Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.2,90,000/- (Rupees Two Lakhs Ninety Thousand only) in M.C.O.P. No.529 of 2009, along with interest at 7.5% p.a. from the date of petition till the date of realization with interest and cost as compensation payable by the second respondent herein/ National Insurance Company Limited.

3.

Aggrieved by the award, the claimant has preferred the present appeal.

4.

Parties have now arrived at compromise, and the second respondent/Insurance Company now agreed to pay a sum of Rs.15,75,000/- (Rupees Fifteen Lakhs Seventy Five Thousand only) in full quit to the appellant/claimant within a period of eight (8) weeks from today.

5. The Insurance Company shall deposit a sum of Rs.15,75,000/- (Rupees Fifteen Lakhs Seventy Five Thousand only) less the amount already deposited before the Tribunal, if any, within a period of eight (8) weeks from today, failing which the second respondent/Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the appellant/claimant shall be entitled to withdraw the entire amount.

6. The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned in accordance with the terms of the award without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Dr.Gopu Counsel for the Appellant The Divisional Manager, National Insurance Company Limited, Salem.

Counsel for the Second 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 , Principal Subordinate Judge, Puducherry.

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/ksa-2 C.M.A. No.1292 of 2024 13.09.2025