K. Palanisamy v. P. Sakthivel
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the14h day of October 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and Members:
1.Ms.J.SHANTHI 2.Mr.K.V.MUTHUVISAKAN C.M.A.No.1735 of 2019 Civil Miscellaneous Appeal is filed to enhance the compensation in M.C.O.P.No.213/2014 dated 28.08.2015 on the file of the Motor Accidents Claim Tribunal/Special District Court, Erode. 1.K.Palanisamy 2.P.Radhika 3.Minor P.Piragathi represented by Guardian Father K.Palanisamy ... Appellants Vs.
1. P.Sakthivel
2. M/s.Sivakarthikeyan Transports represented by its Managing Partner, K.Palaniappan
3. Reliance General Insurance, 3rd Floor, 408, Perundurai Road, Erode-11.
.. Respondents With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.B.Singaravelu, learned counsel for appellants and Mr.C.Bhuvaneswari, 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:
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.3,85,000/-with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellants have preferred the present appeal.
2. After due deliberation and consultation, both the parties agreed that the 3rd respondent/Insurance Company had already deposited the amount, as awarded by the Tribunal. Now it is mutually agreed by both the appellants and the 3rd respondent/Insurance Company to pay additional sum of Rs.4,25,000/- over and above the Tribunal's award amount as full quit. The Insurance Company is directed to deposit the said amount of Rs.4,25,000/- within a period of six (6) weeks from the date of receipt of a copy of this order. On such deposit, the claimants are entitled to have shares as apportioned by the Tribunal.
3. The Tribunal is directed to issue the cheque to the party on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
4. The Civil Miscellaneous Appeal is disposed of accordingly.
.K.Palanisamy 2.P.Radhika 3.Minor P.Piragathi represented by Guardian Father K.Palanisamy Counsel for Appellants
1. P.Sakthivel
2. M/s.Sivakarthikeyan Transports represented by its Managing Partner, K.Palaniappan
3. Reliance General Insurance, 3rd Floor, 408, Perundurai Road, Erode-11.
Counsel for Respondents 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
C.KUMARAPPAN, J.
veda To: The parties/Advocate concerned Copy to:
1.The Motor Accidents Claim Tribunal/Special District Court, Erode. 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 C.M.A.No.1735 of 2019 14.10.2023