Ponraj v. Krishnan (Died), 1) Mercy

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.SanthosamDistrict Judge(Retired) , Mr.A.Haja MohideenAdvocate CMA(MD) No.1402 of 2024 (Appeal against the judgment and decree passed on 04/10/2023 in MCOP.31/2019 on the file of the PRINCIPAL SUB JUDGE, NAGERCOIL.) Ponraj S/o.Chellam, No.15/25, Mallan Villai, Verkilambi Post, Kalkulam Taluk, Kanyakumari District. ...Appellant/s

Versus

Krishnan (Died),

1) Mercy W/o.Chellan, No.22/62/2, Podukalvillai, Vilavanodu taluk, Kanyakumari District.

2) United India Insurance Company Marthandam, Through Branch Office at Assisi Building 2nd Floor, PWD Road, Nagercoil.

3) Saraswathy W/o.Muthuswamy, No.28/105, Kaamaseri, Kodiyur, Kalkulam Taluk, Kanyakumari District.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s A.Elis Chitra Devi and the counsel for the respondent/s C.Murugavel 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 order passed in M.C.O.P.No.31 of 2019 on the file of Principal Sub-Court, Nagercoil, the claimant preferred this appeal against the award of Rs.3,67,000/-. Today, the appellant as well as the Insurance Company represented that after mutual discussion, taking into consideration the age of the mother of the appellant and various other factors. the parties have decided to settle the claim at Rs.2,00,000/- over and above the award amount in full quits. The tribunal has already directed the insurance company to pay the amount and recover it from the owner of the vehicle. We have not disturbing the finding of the tribunal.

The unborrowed award amount Rs.2,00,000/- is to deposited within a period of eight weeks from today. The claimant/appellant is entitled to withdraw the compensation amount already deposited together with enhanced compensation, without insisting any formal payment out petition. Ponraj Counsel for the Appellant/s Krishnan (Died), 1) Mercy Counsel for 1st Respondent United India Insurance Company Marthandam, Through Branch Office at Assisi Building, 2nd Floor, PWD Road, Nagercoil.

Counsel for 2nd respondent Saraswathy W/o.Muthuswamy, No.28/105, Kaamaseri, Kodiyur, Kalkulam Taluk, Kanyakumari District. 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. PRINCIPAL SUB JUDGE, NAGERCOIL..

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 GVN/LS/AM PA To The Hon'ble Judges