Madras High CourtCMA(MD)/918/2014settled before the lokadalats

C.Sudha v. Dr. M. Shanmugasundaram

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.918 of 2014 (Appeal against the judgment and decree passed on 11/04/2005 in MCOP.21/2002 on the file of the SUB JUDGE,THOOTHUKUDI) C.SUDHA D/O. C. CHITHIRAN, 9/4, NORTH STREET, KURUKATTUR, TIRUCHENDUR TK, THOOTHUKUDI DT ...Appellant/s

Versus

DR. M. SHANMUGASUNDARAM 9-B, G.H. CAMPUS, NEYVELI 607 803 THE UNITED INDIA INSURANCE COMPANY LTD, BRANCH OFFICE, BLOCK 19, AUROBINDO ROAD, NEYVELI 607 803

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.G.Thalaimutharasu and the counsel for the second respondent Mr.B.Rajesh Saravanan 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 is on appeal aggrieved by the award of the Tribunal. Today, the appellant and Mr.G.Thalaimutharasu, learned counsel for the appellant and on the side of the second respondent, Mr.R.Paneer Selvam are present before this Court. It is brought to the notice of the Tribunal that the claimant has filed C.M.P.(MD).No.3955 of 2025 seeking enhancement of compensation. Today, Dr.P.V.Thirumalai Murugan M.S. Ortho, examined the appellant. After examining the appellant / Ms.V.Sudha, it is clear that the disability is not less than 80%. The Disability Certificate prepared by the Doctor is also recorded. The Insurance Company has agreed to

pay a sum of Rs.17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand only) in full quit. The appellant also confirms the same. The Insurance Company is directed to deposit the above said amount, less the amount already deposited, if any, within a period of eight weeks from today. On such deposit being made, the claimant / appellant is entitled to withdraw the compensation amount less the amount already withdrawn if any, without filing any formal petition. C.SUDHA D/O. C. CHITHIRAN, 9/4, NORTH STREET, KURUKATTUR, TIRUCHENDUR TK, THOOTHUKUDI DT Counsel for the Appellant THE UNITED INDIA INSURANCE COMPANY LTD, BRANCH OFFICE, BLOCK 19, AUROBINDO ROAD, NEYVELI 607 803 Counsel for the second 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 placed 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,THOOTHUKUDI.

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