Allowed

K.Thirunavukarasu v. D.Nagappan

Madras HC9 Dec 2017CMA/1139/2009

Case brief

AI extract

What is this about?

A National Lok Adalat hearing where the parties settled a Civil Miscellaneous Appeal. The Tribunal's award was enhanced by Rs. 1,00,000 via settlement, and the third insurance company was directed to deposit the additional amount.

What did the court decide?

The appeal is disposed of, and the third respondent is directed to deposit an additional Rs. 1,00,000 as part of a settlement to enhance the Tribunal's award.

K.Thirunavukarasu Vs D.Nagappan — Consumer Protection | Madras HC (2017)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

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National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09^th day of December, 2017

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LOK ADALAT AWARD

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

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Presided over by

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The Hon'ble Mr.JUSTICE R.SUBRAMANIAN

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and

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Members

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Mr.N.Ramachandran
Mr.R.Prathap Kumar
C.M.A.No.1139 of 2009
(This Civil Miscellaneous Appeal is filed under Section 173 of the
M.V.Act to set aside the Order in M.A.C.T.O.P.No.3063 of 2004 dated
20.10.2008 on the file of the Motor Accident Claims Tribunal, VI Small Causes
Court, Chennai.)
K.Thirunavukarasu
... Appellant/Petitioner
Vs.
1.D.Nagappan
2.Tata AIG General Insurance Co., Ltd.,
No.24, Homi Mody Street, Mumbai-400 001.
..Respondents/Respondents

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This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.N.M.Muthurajan, learned counsel appearing for the appellant and Mr.N.Vijayaraghavan, learned counsel appearing for the 2^nd respondent.

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http://www.judis.nic.in

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TERMS OF SETTLEMENT

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This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to set aside the Order in M.A.C.T.O.P.No.3063 of 2004 dated 20.10.2008 on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai.

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The Tribunal has awarded a sum of Rs.58,000/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

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2.Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal. After due deliberation and consultation, both parties have agreed for enhancement of the award amount by a sum of Rs.1,00,000/- (Rupees one lakh only) in full quit over and above the amount already awarded by the Tribunal as compensation.

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3.The 3^rd respondent The New India Assurance Co., Ltd., is directed to deposit the enhanced amount of Rs.1,00,000/- (Rupees one lakh only) in addition to the amount awarded by the Tribunal, if not already deposited, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the appellant/claimant is permitted to withdraw the amount. Award is passed accordingly.

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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.

Judge

Member

Member

http://www.judis.nic.in

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K.Thirunavukarasu

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Counsel for the Appellant

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Tata AIG General Insurance Co., Ltd., No.24, Homi Mody Street, Mumbai-400 001.

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Counsel for the respondent

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To:The parties/Advocate concerned
Copy to:
1.The Motor Accident Claims Tribunal, VI Small Causes Court, Chennai.
2.Tata AIG General Insurance Co., Ltd., No.24, Homi Mody Street, Mumbai-
400 001.
3.The Secretary, High Court Legal Services Committee, Chennai.
4.The Section Officer, V.R.Section, High Court, Madras.
5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
dsa/jv

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http://www.judis.nic.in

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R.SUBRAMANIAN, J. dsa/jv

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C.M.A.No.1139 of 2009

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09.12.2017

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http://www.judis.nic.in

K.Thirunavukarasu v. D.Nagappan

Case brief

What is this about?

What did the court decide?

K.Thirunavukarasu v. D.Nagappan

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

Case details

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