Madras High CourtCMA(MD)/715/2023settled before the lokadalats

K.Gengamurugan, v. Y.Mariappan

2025-03-08Honourable Mr Justice P.B. Balaji2 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.715 of 2023 (Appeal against the judgment and decree passed on 20/12/2021 in MCOP.579/2019 on the file of the SPECIAL SUB JUDGE, TIRUNELVELI) K.Gengamurugan ...Appellant

Versus

Y.Mariappan, S/o.Yerana Thevar, No.2/159, West Street, Sennelkudi, Virudhunagar District. Shriram general insurance company limited, Through its Branch Manager, No.186B and 186C, Seethakathi (Muslim) Middle Street, Sivakasi-626 123, (R1 set exparte in Triubunal, Notice Dispensed with)

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant K.Manoharan and the counsel for the second respondent N.Shyllappa Kalyan 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, dissatisfied with the award passed by the Motor Accident Claims Tribunal-cum-Special Sub Judge, Tirunelveli in M.C.O.P.No.579 of 2019 by Judgement and award dated 20.12.2021.

2. Today, the claimant and claimant's counsel and also Insurance Company represented by Mrs.Poorana Devika, Legal Executive Officer are present.

3. The Tribunal has awarded a sum of Rs.15,84,878/- together with interest. Today, after deliberation, the parties have agreed to settle the figure at Rs.10,00,000/- (Rupees Ten Lakhs only) over and above the award amount in full quit. In other words, the award amount shall carry interest and the claimant is entitled to the same. For the enhanced award amount of Rs.10,00,000/- it shall not carry any interest. The enhanced amount of Rs.10,00,000/- shall be deposited within a period of six weeks from today.

K.Gengamurugan Counsel for the Appellants https://www.mhc.tn.gov.in/judis

Shriram general insurance company limited, Through its Branch Manager, No.186B and 186C, Seethakathi (Muslim) Middle Street, Sivakasi-626 123.

Counsel for the Respondents 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. 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 SABARIMALA/am PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis