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Madras High CourtCMA(MD)/584/2022settled before the lokadalats

Kanagavel, v. Athinarayanan,

2024-06-08Honourable Mr Justice Ar.Ramalingam (Retd.)2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of June 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by THE HON'BLE MR. JUSTICE AR.RAMALINGAM, (RETD.) and Members MR. V.R.POOBALAN, DISTRICT JUDGE (RETD), MR. R.VENKATESAN, ADVOCATE CMA(MD) No.584 of 2022 (Appeal against the judgment and decree dated 03.03.2021, made in M.C.O.P.No.1329 of 2019 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Tirunelveli)

1. Kanagavel

2. Minor Perumpadaipriya

3. Minor Murugan

4. Backiyalakshmi (Minor/appellants are represented through their mother/next guardian/1st appellant herein) ...Appellants

Versus

1. Athinarayanan,

2. United India Insurance Company Limited, Through its Divisional Manager, No.1, Post Office Road, Palayamkottai.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellants Mr.T.Selvakumaran and the counsel for the 2nd respondent Mr.J.S.Murali are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD Both the parties present along with their respective counsels. After negotiation, they have agreed for settlement of Rs.3,25,000/- (Rupees three lakhs twenty five thousand only) as enhanced amount of compensation in full quit.

2. The 2nd respondent/Insurance Company is directed to deposit the enhanced amount of Rs. 3,25,000/- (Rupees three lakhs twenty five thousand only) within a period of eight weeks from today positively. On such deposit, the claimants/appellants are at liberty to withdraw the enhanced amount as per https://www.mhc.tn.gov.in/judis the apportionment made by the Tribunal. The share of the minors shall be deposited in the Fixed Deposit in any one of the Nationalized Bank till they attain majority and the interest accrued thereon shall be withdrawn by the natural guardian/mother, once in three months, under intimation to the Tribunal.

1. Kanagavel

2. Minor Perumpadaipriya

3. Minor Murugan

4. Backiyalakshmi Counsel for the Appellants The Divisional Manager, United India Insurance Company Limited, No.1, Post Office Road, Palayamkottai.

Counsel for the 2nd Respondent 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/ 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. PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.

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. https://www.mhc.tn.gov.in/judis Typed By O.G.C.YOGESWARI PA To The Hon'ble Judges