Allowed

V.Vijayakumar v. Mr.S.Mohammed Kasim

Madras HC20 Aug 2014CMA/3801/2011

Case brief

AI extract

What is this about?

This Lok Adalat settled an appeal arising from a motor accident claim. Parties agreed to enhance the tribunal's award by Rs. 40,000. The settlement was approved, directing the insurer to deposit the extra amount for the minor's welfare within six weeks, with court fees refunded to the appellant.

What did the court decide?

The appeal is disposed of on compromise. Respondents to deposit an additional Rs. 40,000 for the minor within six weeks. Court fee to be refunded.

V.Vijayakumar Vs Mr.S.Mohammed Kasim — Motor Accident Claims | Madras HC (2014)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

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Lok Adalat-II organised by the High Court Legal Services Committee

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Wednesday, the 20^th day of August, 2014

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LOK ADALAT AWARD

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(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by

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The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM(Retd.)

and

Members

Mr. M. Ramachandran

Mrs. S. Sujatha

C.M.A.No.3801 of 2011

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(Appeal against the judgment and decree passed on 30.09.2011 made in M.C.O.P.No.3571 of 2009 on the file of the Motor Accidents Claims Tribunal, (V Judge, Fast Track Court) Chennai). V.Vijayakumar

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(Minor rep. by his father and

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next friend Vinayagam) .. Appellant

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Vs.

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1.Mr. S. Mohammed Kasim

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(Set ex parte in the Trial Court)

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2.The United India Insurance Company Limited, No.134, Greams Road, Sillingi Building Chennai 600 006. .. Respondents

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On representation of the learned counsel for the claimant, this case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.M.Saravanan and the learned counsel for the second respondent Mr. P. Sankaranarayanan are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT

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The Tribunal has awarded a sum of Rs.40,000/- with interest at 7.5% per annum from the date of petition till the date of deposit as compensation. Aggrieved by the award of the Tribunal, the appellant / claimant had preferred the present appeal.

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After due deliberation and consultation, both the parties have agreed to enhance the award by a further sum of Rs.40,000/- (Rupees Forty Thousand only) in full quit (inclusive of interest).

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https://hcservices.ecourts.gov.in/hcservices/

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The earlier award of Rs.40,000/- granted by the lower court with interest has already been deposited (subject to verification in a bank for the duration of the minority of the appellant). The minor is aged about 14 years and this extra amount of Rs.40,000/- granted in the CMA additionally is in full quit and should be deposited by the Insurance Company within a period of six weeks from the date of receipt of a copy of this order. Taking into consideration the welfare and education of the minor, the father and natural guardian is permitted to withdraw this Rs.40,000/-. Award is passed accordingly.

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The Tribunal is directed to issue the cheques to the parties 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.

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sd/V. Vijayakumar (Minor rep. by his father and sd/next friend Vinayagam) Counsel for the Appellant sd/United India Insurance Company Limited, No.134, Greams Road, Sillingi Building sd/Chennai 600 006 Counsel for the 2^nd Respondent This Lok Adalat award is passed in terms of the above settlement.

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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.

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Sd/Assistant Registrar Dated:24.2.15

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True Copy

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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To:The parties/Advocate concerned

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Copy to:

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1.The Motor Accidents Claims Tribunal, (V Judge, Fast Track Court) Chennai.

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2.The Secretary, High Court Legal Services Committee, Chennai.

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3.The Section Officer, V.R.Section, High Court, Madras.

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4.The Section Officer, Lok Adalat Section, High Court, Madras.

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ssi(co) krd 24/2

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C.M.A.No.3801 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

V.Vijayakumar v. Mr.S.Mohammed Kasim

Case brief

What is this about?

What did the court decide?

V.Vijayakumar v. Mr.S.Mohammed Kasim

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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