before the Tribunal) .. Respondents This case has been listed today for 'being mentioned'. Learned counsel for the Appellant Mr.R.V.Sivaraj for M/s.J.Michael Visuvasam https://www.mhc.tn.gov.in/judis/ 2 and the learned counsel for the Respondent Mr.K.Myilsamy and Mr.A.Srinivasan, Assistant Manager (Legal), Cholamandalam MS General Insurance Company Limited are present.
Today, a memo is filed on behalf of the claimants. It is mentioned that both the parties are agreed to settle the case for a sum of Rs.12,50,000/- in full and final settlement. In the ''Terms of Settlement'' it is wrongly mentioned as Rs.12,50,000/- with interest from the date of petition till date i.e. 11.01.2019.
2. Now the memo is filed seeking for modification and the award deletes the words “with interest from the date of petition till date i.e. 11.01.2019” in para-2 of the “Terms of Settlement''. The memo is allowed and award is modified with the following effect. Award is granted for Rs.12,50,000/- in full quit without any interest.
3. The other clause i.e. 3, 4 and 5 shall remain as it is. A memo is allowed. Memo signed by both the parties and the same shall form part of the award. There is no need for the parties to sign in the corrected award.
Award Modified as follows:
https://www.mhc.tn.gov.in/judis/ 3 TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only) with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Insurance Company has preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to settle the matter for Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) in full quit without any interest.
3. The appellant / Insurance company has already deposited the amount of Rs.15,12,378/- (Rupees Fifteen Lakhs Twelve Thousand Three Hundred and Seventy Eight only) including TDS. The Claimant is entitled to withdraw the award amount. The balance amount with accrued interest if any, satisfying the award amount shall be refunded to the Insurance company within a period of 8 weeks from the date of receipt of copy of this order.
https://www.mhc.tn.gov.in/judis/ 4
4. On such deposit the claimant/1st respondent is permitted to withdraw the modified award amount. 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. Consequently, connected Miscellaneous Petition is also closed.
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 2 r/w 25 of LSA Act 1987 as amended in 1994.
Judge Member https://www.mhc.tn.gov.in/judis/ 5 To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, (Special Sub-Judge, No.I) (Small Causes Court) at Chennai.
2. The Secretary, High Court Legal Services Committeee, Chennai.
3. The Secion Officer, V.R.Section, High Court, Madras.
4. The Section Officer, Lok Adalat Section, High Court Madras + 2copies drl https://www.mhc.tn.gov.in/judis/ 6 T.N.VALLINAYAGAM, J.(Retd) drl C.M.A.No.106 of 2018 and CMP.No.1359 of 2018 06.10.2021 https://www.mhc.tn.gov.in/judis/