Madras High Court
Settu vs K.Thirumalai on 8 October, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Monday, the 28th day of March 2022
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE R.KARUPPIAH (Retd.)
and
Member
Ms.Kanmani Selvam
CMA.SR.No.30796 of 2022
(Appeal against the judgment and decree dated 08.10.2021 made in
M.C.O.P.No.225 of 2019 on the file of the Motor Accidents Claims Tribunal, In
the II Small Causes Court, Chennai)
1. Settu
2. Minor Ayaan,
3. Minor Raiyaan
(Minor 2 and 3 are represented by their
father 1st petitioner as Natural Guardian and
next Friend) .. Appellants
Vs.
1. K.Thirumalai
2. The Oriental Insurance Company Limited,
No.115, Oriental House, 2nd Floor,
Pragasam Salai,
Braodway, Chennai – 600 001. .. Respondents
This case came up for settlement before the Lok Adalat. First appellant
and second respondent are present. Mrs.J.Nargees Beevi, Mr.D.Poovannan and
Mr.U.Chithambaram learned counsels for the appellant and Mr.Ponraj for
https://www.mhc.tn.gov.in/judis
Mr.K.Vinoth, learned counsel for the second respondent is 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.31,16,400/- with interest at
7.5% per annum from the date of petition i.e.10.01.2019 to till the date of
realisation.
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.32,50,000/- (Rupees Thirty two lakhs fifty thousand
only) in full quit.
3. The second respondent / Insurance Company is directed to deposit the
award amount within a period of six weeks from the date of receipt of a copy of
this order.
4. On such deposit, the first appellant / claimant is entitled to withdraw a
sum of Rs.16,50,000/- without filing any formal petition and the second and
third minor appellants / claimants each are entitled to a sum of Rs.8,00,000/-
shall be invested in anyone of the nationalised Banks. The first appellant /
claimant is permitted to withdraw the interest for filling necessary permission
petition for withdrawal of interest. The second respondent /Insurance company
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liberty to recover from the first respondent owner of the vehicle. Award is
passed accordingly.
5. 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. The Civil Miscellaneous
Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if
any.
1. Settu
2. Minor Ayaan,
3. Minor Raiyaan
(Minor 2 and 3 are represented by their
father 1st petitioner as Natural Guardian and
next Friend) Counsel for the Appellants
The Oriental Insurance Company Limited,
No.115, Oriental House, 2nd Floor,
Pragasam Salai,
Braodway, Chennai – 600 001. Counsel for the 2nd Respondent
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 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
https://www.mhc.tn.gov.in/judis Member
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal, In the II 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
R.KARUPPIAH, J. (Retd.)
adl
CMA.SR.No.30796 of 2022
28.03.2022
https://www.mhc.tn.gov.in/judis
