Madras High Court
Chinnasamy vs Murugan on 9 September, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 09th 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.V.Muthu Visakan
Mr.K.Rama Krishnan, District Judge (Retired)
C.M.A.No.952 of 2023
(Appeal against the judgment and decree passed on 14.12.2022 made in
MCOP.No.186 of 2021 on the file of the Motor Accidents Claims Tribunal at
Dharmapuri, (Special Subordinate Court (MACT), Dharmapuri.
Chinnasamy .. Appellant
/versus/
1.Murugan
2.Tata AIG General Insurance Company Limited,
2nd Floor, Samsung Towers,
304-L, Bandhiyan road, Elumbur, Chennai. .. Respondents
This case is taken up for settlement before this Lok Adalat. Both the
parties are present. Mr.T.L.Thirumalaisamy, learned counsel for appellant and
Mr.K.Vinod, 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:
https://www.mhc.tn.gov.in/judis
2
TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.7,32,750/- with interest at the rate
of 7.5% per annum as compensation to the petitioner/claimant. Challenging the
same, the appellant/claimant has preferred this appeal.
2. Not satisfied with the award of the Tribunal, the appellant/claimant has
preferred the present appeal for modification. Now, both the parties have agreed
to a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) in full quit (inclusive of
interest).
3. The second respondent/Insurance Company is directed to deposit the
amount of Rs.3,00,000/- (Rupees Three Lakhs only) in full quit (inclusive of
interest), within a period of eight weeks from the date of receipt of a copy of
this order. On such deposit of the aforesaid amount by the second
respondent/Insurance Company, the appellant/claimant is permitted to withdraw
the same, without filing any formal petition. The Award is passed accordingly.
4. M/s.Yamini Soundariya, Senior Manager, Tata AIG General Insurance
Company Limited is present.
5. The Tribunal is directed to transfer the amount through RTGS/NEFT
https://www.mhc.tn.gov.in/judis
3
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.
Chinnasamy Counsel for the Appellant
1.Murugan
2.Tata AIG General Insurance Company
Limited,
2nd Floor, Samsung Towers,
304-L, Bandhiyan road, Elumbur,
Chennai. Counsel for the respondents
This Lok Adalat award is passed in terms of the above settlement.
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
https://www.mhc.tn.gov.in/judis
4
J.SATHYA NARAYANA PRASAD, J.
jai/veda
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal at Dharmapuri, (Special Subordinate
Court (MACT), Dharmapuri.
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.952 of 2023
Dated :09.09.2023
https://www.mhc.tn.gov.in/judis
