R.Vijaya vs Saleem Jamalia
2022 Latest Caselaw 15456 Mad

                                                       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

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withdrawn by the Appellant.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

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

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

G.CHOCKALINGAM,J.(Retd.)

drl

C.M.A.No.2976 of 2017

16.09.2022

https://www.mhc.tn.gov.in/judis