Madras High Court
P.Sumathi vs B.Raju on 11 December, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Saturday, 11th day of December, 2021
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.)
and
Members
1. Mr.G.Dharmaraj
2. Mr.R.Karunakaran
C.M.A.No.2863 of 2021
(Appeal against the Judgment and decree passed on 13.07.2021 made
in M.C.O.P.No.3564 of 2018 on the file of the Motor Accident Claims Tribunal/
I Additional District and Sessions Judge, Cuddalore.
1. P.Sumathi
2. P.Sindhuja .. Appellants / Petitioners
Vs.
1. B.Raju
2. The Manager
Royal Sundaram Gen. Insurance Co. Ltd.
Subramaniam Buildings, II Floor
1 Club House Road, Anna Salai
Chennai – 600 002. .. Respondents/Respondents
On representation of the learned counsel for the claimants, this case is
taken up for settlement before the Lok Adalat. Mrs. Ramya V.Rao learned
counsel for the appellants and Mr. M.B.Raghavan, learned counsel for the
second respondent 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.15,83,268/-with interest at
7.5% per annum from the date of petition till the date of deposit with
proportionate costs as compensation. It is represented by the Insurance
https://www.mhc.tn.gov.in/judis
Company that they have deposited the entire award amount with interest
before the Tribunal and the claimants are yet to withdraw the tribunal award
amount.
2. Not satisfied with the award of the Tribunal, the claimants /
appellants have preferred the present appeal for enhancement. Now, both
the parties have agreed to a sum of Rs.4,50,000/- (Four Lakhs Fifty
Thousand only) in full quit as additional compensation.
3. The second respondent / Insurance Company is directed to deposit
the additional award amount within a period of six weeks from the date of
receipt of a copy of this order.
4. On such deposit, the additional award amount of Rs.4,50,000/-, the
claimants are permitted to withdraw the settled additional amount as well as
Tribunal award amount as per the apportionment fixed in the judgment and
decree of the Tribunal. The Award is passed accordingly. The Civil
Miscellaneous Appeal is disposed of accordingly.
1.P.Sumathi
2. P.Sindhuja Counsel for Appellants
1. B.Raju
2. The Manager
Royal Sundaram Gen. Insurance Co. Ltd.
Subramaniam Building, II Floor
1 Club House Road, Anna Salai
Chennai – 600 002.
Counsel for 2nd Respondent
https://www.mhc.tn.gov.in/judis
This Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the appellant in the manner
provided under Section 69-A of the Tamil Nadu 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.
Judge
Member Member
To
The parties/Advocate concerned
Copy to:
1.The Motor Accident Claims Tribunal/I Additional District
and Sessions Judge, Cuddalore.
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.
Maya
https://www.mhc.tn.gov.in/judis
MALAISUBRAMANIAN, J.(Retd.)
Maya
C.M.A.No.2863 of 2021
Dated : 11.12.2021
https://www.mhc.tn.gov.in/judis
