S.Kumaresan Vs Maharaja

Appeal against the Judgment and decree dated 09.08.2024 passed in MCOP No.5619 of 2018 on the file of the Motor Accidents Claims Tribunal / (II Special Court, Small Causes Court), Chennai.

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S.Kumaresan ...Appellant

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Vs.

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1.Maharaja

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2.United India Insurance Co., Ltd, Third Party Claim Cell, No.134, Greams Road, 6th Floor, Chennai.

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...Respondents

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This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Varadha Kamaraj, learned

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https://www.mhc.tn.gov.in/judis

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counsel for appellant and, Mr.V.Dakshnamoorthy, 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 claimant is on appeal, challenging the award of the Tribunal for a sum of Rs.1,25,500/-, for the injuries suffered by the claimant, in MCOP No.5619 of 2018 dated 09.08.2024.

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After negotiations, the parties have now amicably arrived at a settlement for a sum of Rs.1,50,000/- (Rupees One Lakh & Fifty Thousand only) as full quit over and above award by the Tribunal. The second respondent has already deposited the award amount and the same was withdrawn by the appellant.

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The respondent is directed to deposit the above said accepted enhanced award amount of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) in full quit without interest within a period of six weeks from the date of receipt of a copy of this award.

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On such deposit, the claimant/appellant is permitted to withdraw the enhanced award amount without filing any formal petition. Award is

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https://www.mhc.tn.gov.in/judis

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passed accordingly.

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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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S.Kumaresan Counsel for the Appellant

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United India Insurance Co., Ltd, Third Party Claim Cell, No.134, Greams Road, 6th Floor, Chennai. 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 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.

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https://www.mhc.tn.gov.in/judis

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