1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Friday, the 16th day of September 2022
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE G.CHOCKALINGAM (Retd)
and
Member
Ms.V.Ahalya, District Judge (Retd)
C.M.A.No.2976 of 2017
Appeal against the Decree and Judgment passed on 13.07.2017 made
in M.C.O.P.No.4110 of 2014 on the file of the Motor Accidents Claims
Tribunal, Chief Small Causes Court, Chennai.
1.R.Vijaya
2.V.Ramachandran ..
Appellants
Vs.
1.Saleem Jamalia
(Respondent 1 remained ex-parte before the Tribunal)
2.Bharti AXA General Insurance Company Limited, 2nd Floor, Metro Plaza, No.162, Anna Salai, Chennai – 600 002.
Now known as ICICI Lombard General Insurance Company Limited, No.84 & 85, 1st Floor, Hariant Plaza, Waltax Road, Chennai – 600 003.
(Amended cause title as per the https://www.mhc.tn.gov.in/judis memo filed dated 16.09.2022) .. Respondents 2 This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.K.Varadha Kamaraj, learned counsel for the appellant and Mr.K.Poomalai, learned counsel for the second respondent and Mr.S.Prabu, Legal Manager for ICICI Lombard General Insurance Company Limited, are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:-
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.10,88,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. It is represented by the Second respondent / Insurance company, that the entire amount deposited before the Tribunal has been withdrawn by the Appellant.
2. When the matter came up for settlement before the Lok Adalat, the parties have settled their dispute and filed joint memo of compromise reflecting the terms of compromise.
3. In terms of compromise, both the parties have agreed to settle the https://www.mhc.tn.gov.in/judis claim for a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) over and above 3 the already award amount as compensation.
4. The Second respondent/Insurance Company is directed to deposit the enhanced award amount for a sum of Rs.8,00,000/- (Rupees Eight Lakhs only), in full quit, within a period of eight weeks from the date of receipt of a copy of this order, failing which, the second respondent / Insurance Company is directed to pay 12% from the date of petition i.e. 24.07.2014.
5. On such deposit being made, the first and second appellants are permitted to withdraw the enhanced award amount of Rs.4,00,000/-, each, before the Tribunal without filing any formal petition. Award is passed accordingly.
6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
7. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed if any.
1.R.Vijaya
2.V.Ramachandran Counsel for the
Appellants
https://www.mhc.tn.gov.in/judis 4 ICICI Lombard General Insurance Company Limited, No.84 & 85, 1st Floor, Hariant Plaza, Waltax Road, Chennai – 600 003. Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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.
Judge Member To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, Chief Small Causes Court, Chennai.
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies https://www.mhc.tn.gov.in/judis 5 G.CHOCKALINGAM,J.(Retd.) drl C.M.A.No.2976 of 2017 16.09.2022 https://www.mhc.tn.gov.in/judis