V.Shivamani(Minor) Vs P.Madasamy

C.M.A.No.1474 of 2025

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 14^th day of June 2025

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NATIONAL 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 HONOURABLE Mr.JUSTICE M.JOTHIRAMAN and

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Members :

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1.Mrs.V.VIJAYALAKSHMI M.A.,B.L

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2.Mrs.G.DHANARAJ BSC.,B.L DISTRICT JUDGE (Retd.,)

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C.M.A.No.1474 of 2025

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Civil Miscellaneous Appeal is filed to reduce the compensation in MCOP.No.4323 of 2018 on the file of the learned Motor Accidents Claims Tribunal (Special Sub Court No.1, Motor Accidents Claims Petitions) Small Causes Court, Chennai) dated 30.01.2025.

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V.Shivani (Minor)

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(Rep. By her mother and next friend Mrs.V.Bhuvaneswari) ... Appellant

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Vs.

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P.Madasamy 2. M/s.The New India Assurance Co. Ltd., (Motor Third Party Cell), Bombay Mutual Building, 6^th Floor, No.232, NSC Bose Road, Chennai – 600 001. ... Respondents

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With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.K.Balaji, learned counsel for the appellant and Mr.J.Chandran , learned counsel for the second respondent 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.75,000/- with interest at the rate of

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7.5% per annum from the date of petition till the date of realization (excluding the period of dismissal for default, if any) with costs as compensation. Aggrieved by the award of the Tribunal, the appellant / claimant had preferred the present appeal.

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The learned counsel appearing on behalf of both the parties represented that the amount awarded by the Tribunal with accrued interest has already been deposited before the Tribunal. After due deliberation and consultation, both the parties have agreed to enhance the award amount to the tune of Rs60,000/(Rupees Sixty Thousand Only) without any interest, in full quit, over and above the amount awarded by the Tribunal.

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3.The second respondent / Insurance Company is directed to deposit the above said accepted award amount of Rs.60,000/- (Rupees Sixty Thousand Only) without any interest less the amount already deposited if any, within a period of eight (8) weeks from the date of receipt of a copy of this award.

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The claimant/appellant is permitted to withdraw the same, without filing any formal petition after attaining majority. 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 petitions.

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5.The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petitions, if any, is also closed.

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C.M.A.No.1474 of 2025

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V.Shivani (Minor) (Rep. By her mother and next friend Mrs.V.Bhuvaneswari)

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Counsel for Appellant

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P.Madasamy

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M/s.The New India Assurance Co. Ltd., (Motor Third Party Cell), Bombay Mutual Building, 6^th Floor, No.232, NSC Bose Road, Chennai – 600 001.

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Counsel for Respondents

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

Judge

Member

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C.M.A.No.1474 of 2025