(R1 set exparte before the lower court) At request, this case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.F.Terry Chella Raja, learned counsel for the appellant and Mr.S.Arun Kumar, learned counsel for the respondent Insurance Company 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 compensation of Rs.1,81,000/- [Rupees One Lakh, Eighty One Thousand only] along with interest at 7.5% per annum from http://www.judis.nic.in the date of petition till realisation. It is reported that the second respondent Insurance Company had already deposited the said award amount along with interest before the Tribunal and the same had also been withdrawn by the appellant/claimant.
2.According to the appellant/claimant, who is present before this Court, due to the injuries sustained by him in the accident, he is unable to identify the colours and the doctors assessed the disability sustained by him at 90%. However, the Tribunal, while awarding compensation, has taken into account the disability of the appellant/claimant as 37%. Hence, being not satisfied with the quantum of compensation awarded by the Tribunal, the appellant/claimant has come up with this appeal, seeking enhancement of compensation.
3.On examining the appellant/claimant and upon perusal of the records with regard to the injuries sustained by him, this Court is satisfied that he suffered 90% disability, as assessed by the doctor.
4.Now, the parties have arrived at a settlement. It is reported that the appellant/claimant is willing to accept a sum of Rs.2,00,000/- [Rupees Two Lakhs only] over and above the compensation awarded by the Tribunal, including TDS in full quit towards final settlement.
5.In view of the above, the second respondent Insurance Company is directed to deposit the additional compensation within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is entitled to withdraw the entire compensation amount, without filing any formal petition.
6.The Tribunal is directed to transfer the compensation amount through RTGS/NEFT to the parties concerned on proper identification in accordance with http://www.judis.nic.in the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
Karthik Counsel for Appellant United India Insurance Co. Ltd, No.134, Greams Road, Chennai - 6. Counsel for 2nd 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 21 r/w 25 of LSA Act 1987 as amended in 1994.
1.Motor Vehicles Accident Claims Tribunal, VI Court of Small Causes, 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 rk http://www.judis.nic.in N. ANAND VENKATESH, J rk C.M.A.SR.No.138469 of 2018 08.12.2018 http://www.judis.nic.in