In this National Lok Adalat award, the parties to Civil Miscellaneous Appeal No.2514 of 2018, arising from a motor accident claim, settled their dispute. The appellant agreed to accept an additional sum alongside the tribunal award, leading to the consent decree and disposal of the appeal.
Appeal disposed based on settlement; court fees refunded to appellant;
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 8th day of February 2020 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by
The Hon'ble Mr.JUSTICE C.V.KARTHIKEYAN
and
Members
Mrs.G.Maragatham, Sub Judge (Retd.,) Mr.N.Nanmaran
C.M.A.No.2514 of 2018
(Appeal a gainst the judgment and decree passed on 06.07.2018 in M.C.O.P.No.3218 of 2014 on the file of the Motor Accidents Claims Tribunal, III Judge, Small Causes Court at Chennai.) V.Thavidan ..Appellant /vs/ 1.K.Vadivel 2.United India Insurance Co., Ltd., Sillingi Building, New No.134, Old No.40-45, Greams Road, Chennai – 600 006. ..Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mrs.Ramya Rao learned counsel for appellant and Mr.D.Baskaran, learned counsel for the 2nd respondent 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.4,68,100/- along with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the appellant preferred this Appeal.
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2.After deliberations and discussions, the respective parties have agreed to settle for an additional award amount of Rs.5,00,000/- in full quit, in addition to the amount awarded by the Tribunal.
V.Thavidan Counsel for the Appellant
1.K.Vadivel Counsel for the respondent
2.United India Insurance Co., Ltd.,
Sillingi Building,
New No.134, Old No.40-45,
Greams Road, Chennai – 600 006. Counsel for the respondent
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.
Judge
Member
Member
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To:The parties/Advocate concerned
Copy to:
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C.V.KARTHIKEYAN.J.,
ms
C.M.A.No.2514 of 2018
08.02.2020
2 issues framed by the court
Whether the parties arriving at a compromise during the National Lok Adalat can result in the dismissal of the appeal and settlement of the dispute.
Whether the appellant is entitled for refund of court fees upon settlement in a Lok Adalat.
2 provisions across 2 enactments
V.Thavidan
1.K.Vadivel
United India Insurance Co., Ltd.
C.V.KARTHIKEYAN
G.Maragatham
N.Nanmaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
