G.Balasubramaniam v. A.K.Bose

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 26th day of October, 2022 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 Member Mr.R.Ramaraj, District Judge (Retd.) C.M.A.No.2974 of 2019 (This Civil Miscellaneous Appeal is filed against the Judgment and Decree and judgment in MACT OP No.1215 of 2006 dated 04.07.2016 on the file of the learned Special Sub Judge I to deal with MCOP Cases, MACT, Chennai.

G.Balasubramaniam .. Appellant Vs.

1.A.K.Bose 2.N.Abdul Hameed 3.M/s.United India Insurance Company Ltd., III Party Claims Cell No.38 Anna Salai, Chennai - 600 002.

.. Respondents (Respondents 2 and 3 remained ex-parte before the Tribunal) This case came up for settlement before the Lok Adalat. Both parties are present. M/s.E.Felix, the learned Advocate for the appellant, 1/5

Mr.P.Sankaranarayanan, learned Advocate for the third respondent and Mr.B.Senthilvel, Assistant Manager for United India Insurance Company Ltd., 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 The Tribunal has awarded a sum of Rs.2,54,200/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the appellant / Claimant had preferred the present appeal.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.3,00,000/- (Rupees Three Lakhs only) over and above the award amount (Rs.2,54,000/-) passed by the Tribunal in full quit as additional compensation.

3. The third respondent / Insurance Company is directed to deposit the enhanced award amount of Rs.3,00,000/- in full quit, within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the claimant / appellant is permitted to withdraw his share before the Tribunal without filing any formal 2/5

petition. The Award is passed accordingly.

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.

6. The Civil Miscellaneous Appeal is disposed of accordingly. G.Balasubramaniam Counsel for the Appellant M/s.United India Insurance Company Ltd., III Party Claims Cell No.38 Anna Salai, Chennai - 600 002.

Counsel for respondent This Lok Adalat award is passed in terms of the above settlement. The 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. 3/5

Member Judge To The parties/Advocate concerned Copy to:

1.The Special Sub Judge I to deal with MCOP Cases, MACT, 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 drl 4/5

K.GNANAPRAKASAM,J. (Retd.) drl C.M.A.2974 of 2019 26.10.2022 5/5