Allowed

R. Vivek Prasanna (Minor ) v. T.A. Abdulla Basha

Madras HC8 Feb 2020CMA/1264/2014

Case brief

AI extract

What is this about?

The High Court Legal Services Committee, via the National Lok Adalat, settled a motor accident appeal. TheInsurance company agreed to pay an additional Rs.1,00,000/- to the minor claimant beyond the Tribunal award, directing the transfer of funds and disposal of the appeal.

What did the court decide?

Insurance company directed to deposit modified award of Rs.1,00,000/- plus adjustments in minor appellant's account and transfer via NEFT/RTGS.

R. Vivek Prasanna (Minor ) Vs T.A. Abdulla Basha — Motor Accident Claims | Madras HC (2020)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8^th February 2020

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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 Mr.JUSTICE M. DHANDAPANI and

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Members

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Mr.V.C. Suresh, Sub Judge, Retd. Mr.P. Madhan

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C.M.A.No.1264 of 2014

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(Appeal against the Judgment and Decree dated 22.11.2011 made in M.C.O.P. No.3971 of 2007, on the file of the V Judge, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai.)

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R. Vivek Prasanna, (Minor) Rep. by his mother and NF T.K. Gayathri Devi, W/o. V. Rajasekaran ... Appellant /versus/

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T.A. Abdulla Basha

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National Insurance Co. Ltd., No.169, Anna Salai, 2nd Floor, Chennai - 600 002 (R1 remained exparte before the Tribunal) .. Respondents

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This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mrs. Ramya V. Rao, learned counsel for the appellant and Mr.D. Baskaran, learned counsel for the 2nd respondent are present. After mutual discussion, negotiation, mediation and conciliation between both http://www.judis.nic.in

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parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT

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The minor claimant/appellant herein claimed a sum of Rs.6,00,000/- as compensation before the Tribunal. However, the Tribunal has awarded a sum of Rs.1,40,000/-with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the said compensation, the appellant/claimant has preferred the present appeal.

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After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.1,00,000/-(Rupees One Lakh Only) over and above the amount awarded by the Tribunal in full quit.

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3.The 2nd respondent/Insurance company is directed to deposit the modified award amount arrived at today, less the amount already deposited, if any, in any one of the Nationalized Bank within a period of four weeks till the appellant attains age of majority from the date of receipt of a copy of this order failing which, the 2respondent/Insurance Company shall deposit the modified award amount with simple interest at the rate of 6% p.a. On such deposit being made, the mother of the appellant is entitled to withdraw the accrued interest on the deposit.

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The Tribunal is directed to transfer the above said award amount to

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http://www.judis.nic.in

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the Bank account of the appellant/claimant by way of NEFT / RTGS, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

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5.The Civil Miscellaneous Appeal is disposed of accordingly.

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Consequently, connected civil miscellaneous petition, if any, is closed.

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R. Vivek Prasanna, (Minor) Rep. by his mother and NF T.K. Gayathri Devi, W/o. V. Rajasekaran Counsel for the Appellant National Insurance Co. Ltd., No.169, Anna Salai, 2nd Floor, Chennai - 600 002 Counsel for the 2nd respondent

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This Lok Adalat award is passed in terms of the above settlement.

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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 per sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

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Judge

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Member Member

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http://www.judis.nic.in

M.DHANDAPANI,J.

lbm

To:The parties/Advocate concerned
Copy to:
1.V Judge, Motor Accidents Claims Tribunal,
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.
C.M.A.No.1264 of 2014

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08.02.2020

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http://www.judis.nic.in

R. Vivek Prasanna (Minor ) v. T.A. Abdulla Basha

Case brief

What is this about?

What did the court decide?

R. Vivek Prasanna (Minor ) v. T.A. Abdulla Basha

Case brief

What is this about?

What did the court decide?

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