ex-parte before the Tribunal)
2.The Manager, Bajaj Allianz General Insurance Company Limited, Situated at No.25/26, Prince Towers, 4th Floor, College Road, Nungambakkam, Chennai. .. Respondents https://www.mhc.tn.gov.in/judis/ 2 This case came up for settlement before the Lok Adalat. Both parties are present. M/s.M.Malar, learned counsel for the appellant and Mr. J.Michael Visuvasam, learned counsel for the respondent 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 The minor Rajammal met with an accident for which she claim a sum of Rs.20,00,000/- as compensation. Considering the status of the parties, the Tribunal awarded a sum of Rs.2,84,452/- as per the award dated 01.06.2007.
2. The claimant nor satisfied preferred the appeal for enhanced compensation of Rs.17,15,548/-.
3. While the appeal is pending, the parties have settled the matter that too offer the claimant attained majority. They have filed a memo to declare major and on verification of Aadhar card, she has completed 18 years and declared as major. Office is direced to amend the name in the cause title in the original petition.
https://www.mhc.tn.gov.in/judis/ 3
4. As per the settlement reached between the parties, as reported, the Insurance company is willing to pay another sum of Rs.4,50,000/- in full quit over and above the amount already award for which the claimant who is present is given concern. In view of the same, the award of the lower court is modified accordingly.
5. The Insurance company is directed to pay the enhanced amount of Rs.4,50,000/- in full quit of the amount in addition to the amount already awarded by the original amount.
6. The Insurance company is directed to pay the enhanced amount of Rs.4,50,000/- within a period of 3 weeks from the date of receipt of this order and the appellant is permitted to withdraw the enhanced award amount. The award is modified accordingly.
7. 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. The connected miscellaneous petition is closed if any.
https://www.mhc.tn.gov.in/judis/ 4 Minor Rajammal Rep by her father/Next Friend/ Guardian Tr Vincent. Counsel for the Appellant The Manager, Bajaj Allianz General Insurance Company Limited, Situated at No.25/26, Prince Towers, 4th Floor, College Road, Nungambakkam, Chennai. 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 To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, Special Sub Judge (MCOP), Thiruvannamalai.
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 + copies drl https://www.mhc.tn.gov.in/judis/ 5 M.Thanikachalam, J.(Retd) drl C.M.A.No.4398 of 2019 06.09.2021 https://www.mhc.tn.gov.in/judis/