Madras High CourtCMA(MD)/497/2024settled before the lokadalats

Murugaiah Pandian v. Gunalan

2025-03-08Honourable Mr Justice P.B. Balaji3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of March 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice P.B. BALAJI and Members Mr.John R.D.Santhosam, District Judge(Retired) , Mr.A.Haja Mohideen, Advocate CMA(MD) No.497 of 2024 (Appeal against the judgment and decree passed on 02/02/2023 in MCOP.6/2016 on the file of the SUB JUDGE,SANKARANKOIL) Murugaiah Pandian S/o. Somasundaram, 4/80, West Street, Thalaivankottai Village, Kadayanallur Taluk, Tenkasi District.

...Appellant/s

Versus

1.Gunalan S/o. Kandasamy, 321-6, 10th Street, Ward IV, Saraswathi Nagar, Nearby Aandan Kovil, Karur.

2. The United India Insurance Company Limited, Karur.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The learned counsel for the appellant Mr.A.Mohammed Haniff and the counsel for the respondent/s Mr.C.Jawahar Ravindran, learned counsel for R2 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 This Civil Miscellaneous Appeal is preferred at the instance of the claimant, seeking enhancement of the compensation awarded by the Tribunal in M.C.O.P.No.6 of 2016.

2. Today (i.e.,08.03.2025), the claimant and the learned counsel for the claimant are present and Mr.R.Panneer Selvam, Deputy General Manager, United India Insurance Company along with his learned counsel are also present.

3. After due deliberations, the parties have agreed to settle the compensation amount of Rs.7,75,000/- over and above the award of the Tribunal in full quits. The second respondent / Insurance Company shall deposit the award amount, less the amount, if any, already deposited, within a period of eight weeks from today. On such deposit being made by the Insurance Company, the appellant / claimant is permitted to withdraw the entire award amount, without filing a formal petition before the Tribunal, less the amount, if any, which has already been withdrawn by him. Murugaiah Pandian S/o. Somasundaram, 4/80, West Street, Thalaivankottai Village, Kadayanallur Taluk, Tenkasi District.

Counsel for the Appellant

1. Gunalan

2. The United India Insurance Company Limited, Karur.

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/ 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. SUB JUDGE,SANKARANKOIL.

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 SABARIMALA PA To The Hon'ble Judges