Madras High CourtCMA(MD)/903/2019dismissed for default

D.Selvakumar v. M/S.Deva And Co.,

2023-02-03Honourable Mrs Justice R. Tharani3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of July 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice R.VIJAYAKUMAR and Members Mr.JOHN R.D.SANTHOSAM, District Judge(Retired) and Mr.A.HAJA MOHIDEEN, Advocate CMA(MD) No.903 of 2019 (Appeal against the judgment and decree passed on in MCOP.No.12/2013 on the file of the Motor Accidents Claims Tribunal/Sub Court, Ramanathapuram) S.Selvakumar ...Appellant

Versus

1. M/s.Deva & Co., Rep. by its Managing Director, No.3/52, Krishnarajapuram,Melur, Tuticorin District.

2. The New India Insurance Company, Rep. by its The Branch Manager, No.41B, Victoria Street, Tuticorin-628001.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.P.R.Prithiviraj and the counsel for the respondent No.2 Mr.A.Ilango are present. No appearance for the respondent No.1. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

AWARD The present appeal has been filed by the claimant seeking enhancement of the compensation.

2. The claimant is agreed that he will receive a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) towards Full Quit. The insurance company will deposit the balance award amount within a period of eight weeks from the date of receipt of a copy of this award. On such deposit, the claimant shall be entitled to withdraw the aforesaid settled amount.

3. The Civil Miscellaneous Appeal is disposed of on the above terms. No costs. S.Selvakumar Counsel for the Appellant

1. The Managing Director, M/s.Deva & Co., No.3/52, Krishnarajapuram, Melur, Tuticorin District.

2. The Branch Manager, The New India Insurance Company, No.41B, Victoria Street, Tuticorin-628001.

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. Motor Accidents Claims Tribunal/Sub Court, Ramanathapuram.

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 BALAJI PS To The Hon'ble Judges