Madras High CourtCMA(MD)/708/2024settled before the lokadalats

Anusiya v. Pugalendhi

2024-09-14Honourable Mr Justice G.Chockalingam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of September 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The HONOURABLE MR JUSTICE G.CHOCKALINGAM (RETD.) and Members Mr.I.PANDURANGAN DISTRICT JUDGE (RETD.) MR. A.HAJA MOHIDEEN, ADVOCATE CMA(MD) No.708 of 2024 (Appeal against the judgment and decree passed on 20.06.2023 in MCOP.113/2022 on the file of the MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL III ADDITIONAL SUB JUDGE, TIRUCHIRAPPALLI) Anusiya, W/o.Late Kalidass, No.4/157, Harijan Street, Siruayankudi, Lalgudi Taluk, Trichy District.

...Appellant/s

Versus

1.Pugalendhi, S/o.Panner Selvam, No.1/62, South Street, Pudukottai, Tanjavur District - 613 001.

2.The Manager, Liberty General Insurance, Anmol Palani, No.88, GN Chetti Road, 4, Unit No.E4 & F4, T.Nagar, Chennai - 17.

Office address, King Plaza, Unit No.4, 1st Floor, AA-18/1, Anna Nagar, Thennur, Trichy - 17.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.M.Jerin Mathew and the counsel for the respondent/s Ms.K.R.Sivasankari are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

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AWARD Both the parties present along with their respective counsels. The present appeal has been filed by the claimant for enhancement of compensation. At the same time, the Insurance Company has come up with an appeal in C.M.A(MD) SR No.66733 of 2024. After negotiation, they have agreed for settlement of Rs.7,74,139/- (Rupees seven lakhs seventy four thousand one hundred and thirty nine only) in full quit.

2. The 2nd respondent/Insurance Company is directed to deposit the entire amount of Rs.7,74,139/- (Rupees seven lakhs seventy four thousand one hundred and thirty nine only), less the amount already deposited, if any, within a period of eight weeks from today positively. On such deposit, the claimant/appellant is at liberty to withdraw the entire amount. The Insurance Company shall withdraw the C.M.A(MD) SR No.66733 of 2024.

Anusiya, W/o.Late Kalidass Counsel for the Appellant 1.Pugalendhi, S/o.Panner Selvam, 2.The Manager, Liberty General Insurance, T.Nagar, Chennai - 17.

Counsel for the Respondent/s 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 Tamilnadu 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.

The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

In agreement of the above, both parties and their counsel have affixed their signatures/ 2/3

thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed. JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL III ADDITIONAL SUB JUDGE, TIRUCHIRAPPALLI

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed by MR/SM/TA PAs To The Hon'ble Judges 3/3