Madras High CourtCMA(MD)/706/2023settled before the lokadalats

M. Dinesh Kumar v. Joseph

2025-09-13Honourable Ms.Justice R. Poornima2 pages

HIGH COURT LEGAL SERVICES COMMITTE, 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 or 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 Mohiden, Advocate CMA(MD) No.706 of 2023 (Appeal against the judgment and decree passed on 13/04/2023 in MCOP.113/2014 on the file of the Motor Accident Claims Tribunal/Subordinate Judge, Uthamapalayam) M. DINESH KUMAR S/o. Manikandan, D.No. 152, Ward No. 2, Middle street, Karunakkamuthanpatti village, Uthamapalayam taluk, Theni district.

...Appellant/s

Versus

1. JOSEPH Karankuli Keralakarar Garden, Kallar Higher Secondary School Road, Karunakkamuthanpatti village, Uthamapalayam taluk, Theni district.

2. The Branch Manager The TATA AIG General Insurance Company Ltd., chennai.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s K.Arivalagan for Mr.K.Guhan and the counsel for the respondent No.2 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 Aggrieved by the Award passed by the Tribunal, the appellant / claimant has filed the present Appeal.

2. After due deliberations, both the parties have entered into compromise and agreed to enhance the award amount to a sum of Rs.1,30,000/- (Rupees one Lakh Thirty Thousand only) in full quit, in addition to the amount of Rs.1,20,323/- already deposited before the tribunal. The 2nd Respondent/Insurance Company is directed to deposit the enhanced award amount within a period of four weeks from the date of receipt of copy of this Award, failing which the second respondent shall pay the Award amount together with interest at the rate of 7.5% per annum. The appellant is permitted to withdraw the award amount by filing formal application before the Tribunal. https://www.mhc.tn.gov.in/judis

M. DINESH KUMAR S/o. Manikandan, Counsel for the Appellant/s The Branch Manager The TATA AIG General Insurance Company Ltd., chennai. 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. The Motor Accident Claims Tribunal/Subordinate Judge, Uthamapalayam.

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 MKN/GVN PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis