S. Kumari Vs S. Nirmala

C.M.A.No.2293 of 2024

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08^th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

¶3

Presided over by

¶4

The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and

¶5

Members :

¶6

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate)

¶7

C.M.A.No.2293 of 2024

¶8

(Appeal against the judgment and decree passed on 27.03.2024 made in M.C.O.P.No.1750 of 2018 on the file of the Motor Accidents Claims Tribunal, (Special District Court No.II, Cuddalore).

S.Kumari

... Appellant

Versus

1.S.Nirmala

2.The Divisional Manager The New India Assurance Co., Ltd DO, No.179, J.N. Street, IIIrd Floor Puducherry 605 001. ... Respondents

¶14

1/5

¶15

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

¶16

C.M.A.No.2293 of 2024

¶17

This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V.Rao, the learned Counsel for the Appellant and M/s.R.Sreevidhya, the learned Counsel for the second respondent/Insurance Company. The first respondent was set exparte before the Tribunal. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

¶18

TERMS OF SETTLEMENT

¶19

Both the parties and their respective counsel are present.

¶20

2. The appellant/claimant has challenged the award made in MCOP.No.1750 of 2018 awarding a sum Rs.1,51,500/- with further interest.

¶21

3. Now over and above the award amount, the parties have arrived at a settlement by which the second respondent/Insurance Company, has agreed to pay a sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand Only) as full quit, within a period of 8 weeks from the date of receipt of a copy of this order.

¶22

4. On such deposit, the appellant/claimant will be entitled to withdraw the entire award amount. The Tribunal shall disburse the said amount to the claimant without insisting of a formal application and only

¶23

2/5

¶24

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

¶25

C.M.A.No.2293 of 2024

¶26

upon verification of the identity of the parties.

¶27

5. The second respondent/Insurance Company is directed to pay the amount and thereafter recover the same from the first respondent/owner of the vehicle.

¶28

6. The Civil Miscellaneous Appeal is disposed of accordingly.

¶29

No costs.

¶30

S.Kumari

¶31

..Counsel for the Appellant

¶32

2.The Divisional Manager The New India Assurance Co., Ltd DO, No.179, J.N. Street, IIIrd Floor Puducherry 605 001. ..Counsel for the second Respondent

¶33

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

¶34

The 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.

¶35

Judge

¶36

3/5

¶37

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

¶38

C.M.A.No.2293 of 2024

¶39

Member

¶40

Member