Madras High Court
R.Manikandan vs Dhanasekar on 24 November, 2021
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 11th February 2023
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP
and
Members
Mr.M.Pughazhendi, District Judge (Retd.)
Mr.R.Singaravelan, Senior Advocate
CMA.SR.No.143649 of 2022
(Appeal against the judgment and decree passed in
M.A.C.T.O.P.No.7309 of 2013 dated 24.11.2021 on the file of the Motor
Accident Claims Tribunal ( III Small Causes Court, Chennai).
R.Manikandan ... Appellant
Vs
1.Dhanasekar
2.United India Insurance Co., Ltd.,
Third Party Hub, Silingi building
No.134, Greams Road,
Murugesanaicker Street,
Chennai 600 006. ...Respondents
This case is taken up for settlement before the National Lok Adalat.
Mr.K.V.Muthu Visakan, learned counsel for the Appellant and Mr.D.Baskaran,
learned counsel for the second Respondent are present before this Court.
TERMS OF SETTLEMENT
This Civil Miscellaneous Appeal, in SR stage, has been filed by the
claimant. Since both the parties have consented to take up the CMA in SR
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stage itself, for final disposal, this CMA in SR itself, is taken up for final
disposal.
2.The Tribunal has awarded a sum of Rs.3,50,000/- along with interest
at the rate of 7.5% per annum. Aggrieved by the said award amount, the
appellant/claimant preferred this Appeal.
3.The second respondent/Insurance Company entered into an
agreement with the Claimant whereby, the appellant agreed to receive a sum
of Rs.1,00,000/- (Rupees one lakh only) (as full quit) in addition to the award
already passed by the Tribunal.
4. On such deposit by the Insurance Company, the Insurance
Company shall be entitled to recover the same from the owner of the vehicle.
5. It was agreed that the appellant is entitled to full enhanced sum of
Rs.1,00,000/-.
6. The second respondent/Insurance Company is directed to deposit
the enhanced sum within a period of 8 weeks from today.
7. On such deposit, the appellant/claimant is entitled to withdraw the
entire enhanced amount of Rs.1,00,000/-. Consequently, connected
miscellaneous petition, if any, is closed.
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R.Manikandan Counsel for the Appellant
1.Dhanasekar
2.United India Insurance Co., Ltd., Counsel for the respondents
This Lok Adalat award is passed in terms of the above settlement.
The full Court fees paid shall be refunded to the parties in the manner
provided under 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
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal,
( III Small Causes Court), Chennai.
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
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SATHI KUMAR SUKUMARA KURUP, J.
dna CMA.SR.No.143649 of 2022 11.02.2023 https://www.mhc.tn.gov.in/judis