Madras High Court
K.Karthikeyan vs K.T.Ramachandran on 9 September, 2023
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 9th September 2023
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD
and
Members
Mr.K.Ramakrishnan, District Judge (retd)
Mr.K.V.Muthu Visakan, Advocate
C.M.A.No.28 of 2022
(Appeal against the judgment and decree passed on 13.09.2021 made in
MCOP.No.2024 of 2019 on the file of the Motor Accidents Claims Tribunal/1st
Additional District and Sessions Judge at Cuddalore.
1.K.Karthikeyan
2.Minor K.Ruthresh
3.Minor K.Dhanupraba
(Minor petitioner's rep by father, Guardian, NF K.Karthikeyan, 1st petitioner
herein)
..Appellants
/versus/
1.K.T.Ramachandran
2.The Divisional Manager,
United India Insurance Co., Ltd.,
Do.13A, Nethaji Road, Cuddalore - 607 001. .. Respondents
This case is taken up for settlement before this Lok Adalat. Both the
parties are present. Mrs.Ramya V.Rao, learned counsel for appellants and
Mr.R.Sankaranarayanan, 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:
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TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.17,95,120/- with interest at the
rate of 7.5% per annum as compensation to the appellants/claimants.
Challenging the same, the appellants/claimants have preferred this appeal.
2. Not satisfied with the award of the Tribunal, the appellants/claimants
have preferred the present appeal for enhancement. Now, both the parties have
agreed to a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) over and above the
Tribunal award along with 7.5% interest.
3. Mrs.Chandra Srinivasan, Regional Manager of the second
respondent/insurance company submitted that the second respondent/insurance
company has already deposited the tribunal award amount of Rs.17,95,120/-
(Rupees Seventeen Lakhs Ninety Five Thousand One Hundred Twenty only).
4. The second respondent/insurance company is directed to deposit the
balance amount of Rs.7,00,000/- (Rupees Seven Lakhs) over and above the
Tribunal award, along with 7.5% interest, within a period of eight weeks from
the date of receipt of a copy of this order. On such deposit of the aforesaid
enhanced amount by the second respondent/insurance company, the
appellants/claimants are permitted to withdraw the same, without filing any
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formal petition. The 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.
6. Insofar as the apportionment of the minors (appellants 2 & 3) are
concerned, the Tribunal is directed to deposit the same in any one of the
Nationalised banks till he/she attains majority. On such deposit, the guardian
shall be at liberty to withdarw the accrued interest at the three months interval
regularly.
1.K.Karthikeyan
2.Minor K.Ruthresh
3.Minor K.Dhanupraba Counsel for the Appellants
1.K.T.Ramachandran
2.The Divisional Manager,
United India Insurance Co., Ltd.,
Do.13A, Nethaji Road,
Cuddalore - 607 001. Counsel for the second respondent
This Lok Adalat award is passed in terms of the above settlement.
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The full 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
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J.SATHYA NARAYANA PRASAD, J.
vm/dpq
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal, Motor Accidents Claims Tribunal/1st
Additional District and Sessions Judge at 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.+2 copies
C.M.A.No.28 of 2022
https://www.mhc.tn.gov.in/judis
Dated :09.09.2023
https://www.mhc.tn.gov.in/judis
