Madras High Court
K.Ramesh vs D.Jayaraman 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 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.1260 of 2023
(Appeal against the judgment and decree passed on 09.01.2023 made in
M.C.O.P.No.97 of 2019 on the file of the Motor Accidents Claims
Tribunal/Sub-Judge, Panruti.
K.Ramesh .. Appellant
/versus/
1.D.Jayaraman
2.S.Sankar
3.The Divisional Manager,
United India Insurance Company Limited,
Plot.No.35,36,37, AR Plaza,
45 Feet Road,
Balaji Nagar Extension,
Saram, Puducherry-605 011. .. Respondents
This case is taken up for settlement before this Lok Adalat. Both the
parties are present. M/s.Ramya V.Rao, learned counsel for appellant and
M/s.R.Sreevidhya, learned counsel for the third 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
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TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.4,80,625/- with interest at the rate
of 7.5% per annum as compensation to the petitioners/claimants. 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 enhancement. Now, both the parties have
agreed to a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) full quit over and
above the Tribunal award.
3. The third respondent/Insurance Company is directed to deposit the
amount of Rs.6,00,000/- (Rupees Six Lakhs only) full quit over and above,
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 third 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.Chandra Srinevasan, Regional Manager, United India Insurance
Company Limited is present.
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
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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.
K.Ramesh Counsel for the Appellant
1.D.Jayaraman
2.S.Sankar
3.The Divisional Manager,
United India Insurance Company Limited,
Plot.No.35,36,37, AR Plaza,
45 Feet Road,
Balaji Nagar Extension,
Saram, Puducherry-605 011. 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
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J.SATHYA NARAYANA PRASAD, J.
jai/veda
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal/Sub-Judge, Panruti.
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.1260 of 2023
Dated :09.09.2023
https://www.mhc.tn.gov.in/judis
