Madras High CourtCMA(MD)/716/2023settled before the lokadalats

Nithya v. Karunakaran

2024-03-09Honourable Mr Justice K.K. Ramakrishnan2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of March 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice K.K. RAMAKRISHNAN and Members Mr.G.P.Elango, District Judge(Retired) , Mr.P.Ganapathy Subramanian, Advocate CMA(MD)No.716 of 2023 (Appeal against the judgment and decree passed on 26.08.2022 in MCOP.587/2021 on the file of the Motor Accidents Claims Tribunal - Special Subordinate Judge, Thanjavur) Nithya ...Appellant

Versus

1.Karunakaran 2.The Branch Manager, Oriental Insurance Company Limited, Kamal Subramaniam Arcade, Trichy Road, Thanjavur-1.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.G.Karnan and the counsel for the second respondent Mr.E.Chandrasekaran 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 The claimant filed the appeal for enhancement of compensation. Both the parties along with their respective counsels are present. Both the parties agreed to settle the following terms:

The claimant agreed to receive a sum of Rs.2,00,000/- towards https://www.mhc.tn.gov.in/judis enhancement, apart from the award passed by the Tribunal, along with interest at the rate of 7.5% per annum,

The Insurance company is agreed to deposit the enhanced award amount of Rs.2,00,000/- within a period of four weeks from the date of receipt of the award. On such deposit being made, the claimant is entitled to receive the entire award amount with accrued interest by filing necessary application before the Tribunal.

Nithya Counsel for the Appellant

1. Karunakaran 2.The Branch Manager, Oriental Insurance Company Limited, Kamal Subramaniam Arcade, Trichy Road, Thanjavur-1.

Counsel for the 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 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. The Motor Accidents Claims Tribunal - Special Subordinate Judge, Thanjavur)

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.

LS/DAS/VSG https://www.mhc.tn.gov.in/judis