Durai v. Shweta Shrivastava

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate C.M.A.No.4339 of 2019 (Appeal against the judgment and decree passed in M.C.O.P.No.301 of 2015 dated 04.12.2017 on the file of the Motor Accidents Claims Tribunal / (Special District Court), Krishnagiri.

1. Durai

2. Sujatha

3. Gajendran ...

Appellants Vs

1. Shwetha Shrivastava

2. Liberty Videocon General Insurance Co. Ltd., Having Head Office at 10th Floor, Tower A, Peninsula Business Park, Ganapatrao Kadam Marg., Lower Parel, Mumbai - 400 013.

...

Respondents This case is taken up for settlement before the National Lok Adalat. Mr.C.S.Vijayakumar for Senthilkumaran, learned counsel for the Appellants and Mr.E.Rajadurai, learned counsel for the second Respondent are present before this Court.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal has been filed by the Appellants/Claimants in M.C.O.P.No.301 of 2015 aggrieved by the award of a sum of Rs.90,000/- (Rupees Ninety Thousand only) by the Tribunal.

2. During the pendency of the Appeal, the second Respondent/Insurance Company arrived at a settlement with the appellants/claimants, thereby, the Appellants/Claimants have agreed to receive a sum of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand Only), in full quit. The Insurance Company had already deposited a sum of Rs.1,16,757/- as awarded by the Tribunal with interest and costs.

3. The second respondent/Insurance Company is directed to deposit the balance amount of Rs.6,33,243/- (Rupees Six Lakhs Thirty Three Thousand Two Hundred and Forty Three only) within a period of four weeks from today (11.02.2023).

4. The Appellants/Claimants are equally entitled/permitted to withdraw a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only). Consequently, connected miscellaneous petition, if any, is closed.

1. Durai

2. Sujatha

3. Gajendran Counsel for Appellants

1. Shwetha Shrivastava

2. Liberty General Insurance Ltd, Counsel for 2nd Respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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,(Special District Court), Krishnagiri. 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

SATHI KUMAR SUKUMARA KURUP, J.

dna/dh C.M.A.No.4339 of 2019 11.02.2023