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Madras High CourtCMA(MD)/1024/2025closed

Jayakumar v. Justin Raj

2025-09-13Honourable Ms.Justice R. Poornima3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of September 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Ms.Justice R. POORNIMA and Members Mr.R.Nambi, District Judge(Retired), Mr.A.Haja Mohideen, Advocate CMA(MD).No.1024 of 2025 (Appeal against the judgment and decree passed on 27.09.2024 in MCOP.1113 of 2022 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Tirunelveli) Jayakumar S/o.Johnson, Thiruvachisalai, Perunthaikkadu, Azakiapandiapuram Post, Thovala Taluk, Kanniyakumari District-629 851 ...Appellant/s

Versus

1.Justin raj S/o.Thangamoni, Residing at D.No. 6/94B, Cheruthikonam, Kulasekaram Post, Kanniyakumari-629 165 2.United India Insurance Company Limited Through its Branch Manager, Office at No.2/60/1, 1st Floor, PPK Building, Trivandrum Main Road, Marthandam, Kanniyakumari-629 165.

3.United India Insurance Company Limited Through its Divisional Manager, Office at No.1 Post Office Road, Palayamkottai, Tirunelveli-627 002

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.G.Ravisankar and Mr.A.S.Mathialagan the counsel for the respondents 2 and 3 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

Aggrieved by the award passed by the Tribunal, the appellant / claimant has filed the present appeal.

2. It is represented that a sum of Rs.8,53,881/- (Rupees Eight Lakhs Fifty Three Thousand Eight Hundred and Eighty One only) was awarded before the Tribunal. A sum of Rs. 9,91,920/- (Rupees Nine Lakhs Ninety One Thousand Nine Hundred and Twenty only) was already deposited including interest and 50% of the said amount was already withdrawn by the appellant.

3. After due deliberations, both the parties have entered into compromise and agreed to the enhanced award amount to a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) as full quit, over and above the Tribunal award amount. The Respondents No.2 & 3 are directed to deposit the said Rs.10,00,000/- award amount within a period of four weeks from the date of receipt of a copy of this award. On such deposit being made, the appellant is permitted to withdraw the same by filing formal application before the Tribunal. Jayakumar Counsel for the Appellant/s 2.United India Insurance Company Limited Through its Branch Manager, Office at No.2/60/1, 1st Floor, PPK Building, Trivandrum Main Road, Marthandam, Kanniyakumari-629 165.

Counsel for the 2nd Respondent United India Insurance Company Limited Through its Divisional Manager, Office at No.1 Post Office Road, Palayamkottai, Tirunelveli-627 002 Counsel for the 3rd 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. The Chief Judicial Magistrate 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. Typed By APD PA To The Hon'ble Judges