Madras High Court
Pachaiammal vs N.Sundaram on 11 December, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Friday, the 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.2210 of 2019
(Appeal against the Judgment and decree passed on 03.07.2018 made
in M.C.O.P. No. 5108 of 2014 on the file of the Chief Judge, Court of Small
Causes, Chennai.
1. Pachaiammal
Krishnan (died)
2. Valliammal
3. V.Deepa
4. K.Dhilipkumar ...Appellants/Petitioners
Vs.
1. N.Sundaram
2. Shriram General Insurance Co. Ltd.
No.66, II Floor, City Centre Complex
Thirumalai Pillai Road, T.Nagar
Chennai – 17. ..Respondents /Respondents
On representation of the learned counsel for the claimants, this case is
taken up for settlement before the Lok Adalat. Thiru.C.Richard Suresh
Kumar, learned counsel for the appellants and Thiru.S.Dakshinamurthy,
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.13,00,000/-with interest at
7.5% per annum from the date of petition till the date of deposit with
https://www.mhc.tn.gov.in/judis
proportionate costs as compensation. It is represented by the Insurance
Company that they have deposited the entire award amount with interest
before the Tribunal and the claimants had already withdrawn the entire
deposited amount.
2. The second appellant /claimant is reported dead.
3. 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.3,50,000/- (Three Lakhs Fifth
Thousand only) in full quit as additional compensation.
4. 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.
5. On such deposit, the additional award amount of Rs.3,50,000/- the
second appellant herein is entitled for Rs.2,00,000/- and the first, third and
fourth appellant claimants are entitled for Rs.50,000/- each and accordingly,
they are permitted to withdraw the settled additional amount. The award is
passed accordingly. The Civil Miscellaneous Appeal is disposed of
accordingly.
1. Pachaiammal
2. Valliammal
3. V.Deepa
4. K.Dhilipkumar Counsel for the Appellants
https://www.mhc.tn.gov.in/judis
1. N.Sundaram
2. Shriram General Insurance Co. Ltd.
No.66, II Floor, City Centre Complex
Thirumalai Pillai Road, T.Nagar
Chennai – 17. Counsel for the Respondents
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 Chief Judge, Court of Small Causes, 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.
Maya
https://www.mhc.tn.gov.in/judis
MALAISUBRAMANIAN, J.(Retd.)
Maya
C.M.A.No.2210 of 2019
Dated : 11.12.2021
https://www.mhc.tn.gov.in/judis
