G.Sasikumar vs Saleem Jamalia
2022 Latest Caselaw 15457 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.1583 of 2018


                          Appeal against the Decree and Judgment passed on 03.01.2018 made

                in M.C.O.P.No.4231 of 2014        on the file of the Motor Accidents Claims

                Tribunal, II Small Causes Court, Chennai.




                G.Sasikumar                                         .. Appellant



                                                      Vs.

                1.Saleem Jamalia
                (Respondent 1 remained ex-parte before the Tribunal)

2.Bharti AXA General Insurance Company Limited, 2nd Floor, 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 memo filed dated 16.09.2022) .. Respondents https://www.mhc.tn.gov.in/judis

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.13,74,000/- 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withdrawn by the Appellant.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

claim for a sum of Rs.9,26,000/- (Rupees Nine Lakhs and Twenty Sixx https://www.mhc.tn.gov.in/judis

Thousand only) over and above the already award amount as compensation.

4. The appellant shall be permitted to withdraw an enhanced award for a

sum of Rs.9,26,000/-, in full quit, before the Tribunal without filing any

formal petition. Award is passed accordingly.

5. The Second respondent/Insurance Company is directed to deposit

the enhanced award amount 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.

24.02.2014.

6. On such deposit being made, the appellant is permitted to withdraw

a sum of Rs.9,26,000/-, in full quit, before the Tribunal without filing any

formal petition. The joint memo of compromise shall form part of the award.

Award is passed accordingly.

7. 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.

8. The Civil Miscellaneous Appeal is disposed of accordingly. The

connected miscellaneous petition is closed if any.

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

G.Sasikumar Counsel for the Appellant

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, II Small Causes Court, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai.

3.The Section Officer, V.R.Section, High Court, Madras. https://www.mhc.tn.gov.in/judis

4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

G.CHOCKALINGAM,J.(Retd.)

drl

C.M.A.No.1583 of 2018

16.09.2022

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