Madras High CourtCMA(MD)/675/2024settled before the lokadalats

U.Rajasekar v. M.Balasubramani

2024-12-14Honourable Mr Justice P.Vadamalai3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice P.VADAMALAI and Members Mr.R.Sadayandi, District Judge (Retired), Mr.P.R.Bala Subramanian, Advocate C.M.A.(MD)No.675 of 2024 (Appeal against the judgment and decree passed on 11.01.2019 in MCOP No.2020 of 2008 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai) U.Rajasekar, S/o.Urkavalan, 2/238, GR Nagar, Parasurampatti, K.Pudur, Madurai - 625007 ... Appellant/claimant

Versus

1.M.Balasubramani, S/o.P.Murugesan, 152G, Salem Main Road, Namakkal, Tamil Nadu - 637 001 2.National Insurance Company Limited, 74-A, Paramathy Road, Namakkal, Tamil Nadu - 637 001 3.R.Mohanraj, S/o.Periyanna, G.R.6, Teachers Colony, Mohanur, Namakkal, Tamil Nadu - 637 001 ... Respondents/Respondents (The Respondents 1 & 3 are given up as they were set ex parte in the trial Court.) This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.A.Mohamed Abul Hassan for Mr.B.A.Muruganantham 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 The claimant has filed the above appeal for enhancing the compensation awarded by the Tribunal.

2. The Tribunal has passed an award of Rs.1,17,780/- with 7.5% interest p.a. from the date of claim petition till the date of payment (excluding the period from 29.11.2010 to 06.06.2017).

3. After due deliberation and negotiation, the total award amount has been enhanced to a sum of Rs.1,87,000/- (Rupees One Lakh Eighty Seven Thousand only) along with the interest at the rate of 7.5% p.a. with proportionate interest and cost from the date of claim petition till the date of payment. The 2nd Respondent/Insurance Company is directed to deposit the said amount, less the amount already deposited if any, within a period of six weeks from today. On such deposit being made, the claimant is entitled to withdraw the entire award amount with accrued interest and cost by filing necessary application before the Tribunal. U.Rajasekar, S/o.Urkavalan Counsel for the Appellant National Insurance Company Limited, Namakkal, Tamil Nadu - 637 001 Counsel for the 2nd 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. The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Madurai.

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 V.Sudha PA To The Hon'ble Judges