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Madras High CourtCMA(MD)/567/2024settled before the lokadalats

Yowan v. Apr Logistics

2025-09-13Honourable Ms.Justice R. Poornima2 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.567 of 2024 (Appeal against the judgment and decree passed on 06/12/2022 in MCOP.1403/2018 on the file of the Motor Accident Claims Tribunal, Special Sub Judge, Tirunelveli ) Yowan S/o. Joseph, No.134, Keela Thuvaraikulam, Kallikulam Post, Padmaneri, Nanguneri Taluk, Now residing at North Street, Jothipuram, Palayamkottai.

...Appellant/s

Versus

1. APR Logistics Through its Proprietor, No.9, Devadass Street, Vedachalam Nagar, Chengalpattu 603 001.

2. United India Insurance Company Limited Through its Branch Manager, No.37/2, Mattappa Street, Neel Complex, 2nd Floor, Tenkasi.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s T.selvakumaran and the counsel for the respondent/s I.Sudhakaran 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 Rs.5,81,119/- (Rupees Five Lakhs Eighty one Thounsand and one hundred nineteen only) with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization. The second respondent /Insurance Company is directed to deposit the entire award amount, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of copy of this Award, failing which the appellant shall pay the Award amount together with interest at the rate of 7.5% per annum. The claimant is permitted to withdraw the award amount by filing formal application before the Tribunal.

https://www.mhc.tn.gov.in/judis

Yowan S/o. Joseph, No.134, Keela Thuvaraikulam, Kallikulam Post, Padmaneri, Nanguneri Taluk, Now residing at North Street, Jothipuram, Palayamkottai.

Counsel for the Appellant/s APR Logistics Through its Proprietor, No.9, Devadass Street, Vedachalam Nagar, Chengalpattu 603 001. United India Insurance Company Limited Through its Branch Manager, No.37/2, Mattappa Street, Neel Complex, 2nd Floor, Tenkasi. 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. Motor Accident Claims Tribunal, Special Sub Judge, 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/RM/GVN PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis