The High Court Legal Services Committee, Chennai held a National Lok Adalat to settle C.M.A.No.51 of 2023. Parties settled by paying Rs.3,00,000/- over the Tribunal award of Rs.2,60,000/- for education/medical needs of the minor appellant, leading to disposal of the appeal.
Consolidated sum of Rs.3,00,000/- agreed and deposited; appeal disposed of. Court fee refunded.
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.
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of September, 2023 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and
Members
Mrs. V.Ahalya, District Judge (Retired) Mrs. D.Sathya, Advocate
C.M.A.No.51 of 2023
(Appeal against the Judgment and Decree passed on 30.08.2022 in M.C.O.P.No.5806 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai )
S.Manoj
(Minor petitioner rep.by his father and natural guardian Guru) ...Appellant/Petitioner
Vs.
On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.Varadhakamaraj , learned counsel for the appellant and Mr.D.Baskaran , learned counsel for the respondents 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
The Tribunal has awarded a sum of Rs.2,60,000./- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/claimant has preferred the present appeal.
2.After due deliberation and consultation, both the parties have agreed to settle the appeal for a consolidated sum of Rs.3,00,000/- (Rupees Three Lakhs only) over and above the award amount, in full quit.
3.The learned counsel for the appellant has given a certificate that it is in the interest of the minor appellant, for, amounts are required for his education as well as for future medical expenses. He has also certified that there is no prejudice to the interest of the minor, since the sum of Rs.3,00,000/- is being paid over and above the amount already awarded by the Tribunal.
4.The said certificate shall form a part of the settlement.
5.The second respondent is directed to deposit the above said amount of Rs.3,00,000/- (Rupees Three Lakhs only), within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the modified amount, as per the apportionment, as ordered by the Tribunal, without filing any formal petition. The Award is passed accordingly.
6.The Tribunal is directed to transfer the amount through RTGS/NEFT 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.
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Guru
Guru Counsel for the Appellant
United India Insurance Co.Ltd., Motor Third Party Claim Cell, No.134, Greams Road, Chennai – 6.
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 parties 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.
Judge
Member
Member
Tsg
To:The parties/Advocate concerned Copy to:
4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies
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V. LAKSHMINARAYANAN
Tsg
C.M.A.No.51 of 2023
09.09.2023
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1 provisions across 1 enactments
Guru
S.Manoj
United India Insurance Co.Ltd.
V. LAKSHMINARAYANAN
V.Ahalya
D.Sathya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
