HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 27th day of February, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURHTHI(Retd.) and Members Mr. P. Ganesan Mr. V. Nanmaran C.M.A.No.3092 of 2011 (Appeal against the award and decree passed on 13.11.2009 in M.C.O.P.No.2067 of 2005 on the file of the Motor Accidents Claims Tribunal (II Court of Small Causes), Chennai.) The United India Insurance Company Ltd., No.38, Anna Salai, Chennai – 600 002 ..Appellant /2nd Respondent Vs. 1. Inbaraj (Minor) ...1st Respondent/Petitioner Rep by his father n/f Jayapal 2. K. Sivakumar(Ex-parte) .. 2nd Respondent/1st Respondent On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.D. Baskaran, the learned counsel for Appellant and the learned counsel for the respondents Mr.A.N.Viswanathan Rao. 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.5,95,000/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal. 2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) in full quit (inclusive of interest) as compensation. 3. The learned counsel for the respondent would submit that at the time of the filing petition, the first respondent was minor. Now, he is major for which Aadhar card has been produced before the Forum. 4. The appellant / Insurance Company has deposited a sum of Rs.4,00,000/- with interest only. It is stated that the amount has already been withdrawn by the claimant. Now, the parties agreed for enhancement amount of Rs.7,00,000/- considering the nature of the injuries sustained by the claimant. The Insurance Company is directed to further deposit the above said modified award amount of Rs.7,00,000/- (Rupees Seven Lakhs only), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant / respondent is permitted to withdraw the modified amount without filing any formal petition. Award is passed accordingly. 5. It is represented that the claimant also filed CMA S.R. No.98461 of 2017 for enhancement of the award amount. In view of the compromise the learned Counsel for the claimant agreed to withdraw the same. 6. The Tribunal is directed to issue the cheque to the party 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 closed, if any. Sd/- The United India Insurance Company Ltd., No.38, Anna Salai, Sd/- Chennai – 600 002 (Counsel for the Appellant) Sd/- 1. Inbaraj (Minor) Sd/- 2. K. Sivakumar (Counsel for the Respondents) 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. Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 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 Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.3092 of 2011 ssd[co] srg 05/04/2019