This case came up for settlement before the Lok Adalat. Both parties are present. Mr.P.Sankaranarayanan, learned counsel for the appellant, Mr.Mira Aurobindo Cumar for M/s.Ramya V.Rao, learned counsel for the 1/6 https://www.mhc.tn.gov.in/judis 2 respondents and Assistant Manager – B.Senthilvel, The United India Insurance Company Limited, are 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 Tribunal has awarded a sum of Rs.19,52,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal. It is represented by the Appellant / Insurance company that a sum of Rs.9,76,000/- has already been deposited before the Tribunal.
2. After due deliberation and consultation and also taking into consideration, the contributory and composite negligence of the riders of the vehicles, both the parties have agreed to settle the case for a sum of Rs.9,76,000/- (Rupees Nine Lakhs Seventy Six Thousand only) which is the amount already deposited by the appellant before the Tribunal.
3. The respondents 1 and 2 are permitted to withdraw the aforesaid award amount of Rs.9,76,000/- with accrued interest, equally, without filing any formal petition. Award is passed accordingly.
4. The Tribunal is directed to transfer the amount through 2/6 https://www.mhc.tn.gov.in/judis 3 RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
5. The Civil Miscellaneous Appeal is disposed of accordingly.
Consequently, connected Miscellaneous Petition is closed.
The United India Insurance Company Limited, Motor Third Party Claims Hub, No.134, 4th Floor, Silingi Buildings, Greams Road, Chennai – 6. Counsel for the Appellant
1.Ghouse Basha
2.Noorunisha Begum Counsel for the respondents Lok Adalat award is passed in terms of the above settlement.
The 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.
3/6 https://www.mhc.tn.gov.in/judis 4 Judge Member To The parties/Advocate concerned Copy to:
1.The the Motor Accident Claims Tribunal, Special Sub Court No.I, Chennai.
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 drl 4/6 https://www.mhc.tn.gov.in/judis 5 B.GOKULDAS,J.(Retd.) drl C.M.A.No.4181 of 2019 5/6 https://www.mhc.tn.gov.in/judis 6 21.09.2022 6/6 https://www.mhc.tn.gov.in/judis