Disposed

S.Naga Jothi v. Rajendran

Madras HC10 Feb 2018CMA/1912/2012

Case brief

AI extract

What is this about?

Lok Adalat passed award in this appeal against a Motor Accidents Claims Tribunal award. The parties settled for Rs.6,00,000. The Respondent Insurance Company was directed to deposit the amount, and appellants were permitted to withdraw sums as per terms.

What did the court decide?

The Respondent may deposit Rs.6,00,000 within six weeks; Appellants permitted to withdraw Rs.4,00,000 immediately and balance deposited in fixed deposit for two years.

S.Naga Jothi Vs Rajendran — Motor Accident Claims | Madras HC (2018)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10^th day of February 2018

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NATIONAL 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 HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and

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Members

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Mr.Sambasivam
Ms.G.Sridevi
C.M.A.No.1912 of 2012
(Appeal against the judgment and decree passed on 30.08.2011 made
in M.C.O.P.No.4420 of 2007 on the file of the Motor Accidents Claims Tribunal,
(Chief Small Causes Court), Chennai.
1.S.Naga jothi
2.S.P.Sekar
3.S.Nalini karthika .. Appellants
Vs.

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Rajendran – Ex.parte in lower Court. Hence notice dispensed with.

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The United India Insurance Company Ltd, No.19, Andiappa Gramni Street, Royapuram, Chennai-13. .. Respondents

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The above case is not in today's list . By consent, this case is taken up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.K.Varathakamaraj and the learned counsel for the 2^nd respondent Mr.D.Baskaran 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.8,12,500/- with interest at 7.5%

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http://www.judis.nic.in per annum from the date of petition till the date of deposit.

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Not satisfied with the award of the Tribunal, the claimants / appellants have preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.6,00,000/- (Rupees Six Lakhs only) as full quit.

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The second respondent / Insurance Company is directed to deposit the settled amount, less the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order.

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On such deposit, the claimants 1 and 2/appellants 1 and 2 are permitted to withdraw Rs.2,00,000/- each without filing any formal petition before the Tribunal. Out the remaining amount of Rs.2,00,000/-, appellants 1 and 2 are entitled to Rs.1,00,000/-each, and the same shall be deposited in their names in fixed deposit for a period of 2 years and thereafter they are permitted to withdraw the said amount. The Award is passed accordingly.

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5.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 petitions, if any are closed.

1.S.Naga jothi

2.S.P.Sekar

3.S.Nalini karthika

Counsel for the Appellants

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http://www.judis.nic.in

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The United India Insurance Company Ltd., New No.134, Old No.40-45, Greams Road, Chennai-6.

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Counsel for the 2^nd Respondent

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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 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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Judge
Member Member

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To:The parties/Advocate concerned
Copy to:

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1.The Motor Accidents Claims Tribunal, (Chief Small Causes Court), Chennai.
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.+2 copies

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http://www.judis.nic.in

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V.BHAVANI SUBBAROYAN.J

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bri

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C.M.A.No.1912 of 2012

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10.02.2018

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http://www.judis.nic.in

S.Naga Jothi v. Rajendran

Case brief

What is this about?

What did the court decide?

S.Naga Jothi v. Rajendran

Case brief

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