This case came up for settlement before the Lok Adalat. Both parties are present. Mr.T.G.Balachandran, learned counsel for the appellant and Mr.R.V.Sivaraj, learned counsel for the second respondent https://www.mhc.tn.gov.in/judis/ 2 is 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 This appeal aims for enhancement of the compensation to the extent of Rs.2,31,000/-. Though the original award passed was Rs.3,69,000/- for the total claim amount of Rs.6,00,000/-.
2. The Claimant not satisfied by the award amount of Rs.3,69,000/- preferred for enhancement and when the matter is pending, as reported by the counsel on record, the parties have reached the settlement and entered into the compromise evidencing the joint memo under which the Insurance Company is agreed to pay an additional enhanced amount of Rs.3,20,000/- in full quit over and above the award amount and in this view, the order of the Trial court is modified.
3. The Insurance copany is directed to pay a sum of Rs.3,20,000/- in full quit over and above the original award amount and this amount should be deposited within a period of three weeks from the date of receipt of copy of this order. Award is passed accordingly. https://www.mhc.tn.gov.in/judis/ 3
4. The Tribunal is directd to transfer the amount through RTGS/NEFT to the partis 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. J.Gunasekaran Counsel for the Appellant Bajaj Allianz General Insurance Company Ltd., No.61/38A, First Avenue, VGP Parijatham Apartments, Ashok Nagar, Chennai – 600 083. Counsel for the Respondent 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/ 4 M.Thanikachalam, J.(Retd) drl To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, II Court of Small Causes, 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 + 2 copies drl C.M.A.No.2139 of 2017 07.09.2021 https://www.mhc.tn.gov.in/judis/