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Madras High Court

K. Muthukumaran vs A.Anilkumar

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice R. KALAIMATHI and Members P.Mohandoss, District Judge(Retired), K.Samidurai, Advocate CMA(MD) No.1539 of 2024 (Appeal against the judgment and decree passed on 27/09/2022 in MCOP.437/2021 on the file of the CHIEF JUDICIAL MAGISTRATE, MADURAI) K. Muthukumaran S/o.Karuppaiah, No.3/24, Akrakarapatti, Nakkalouthu Pachayat, Nilakottai Taluk, Dindigul District - 624 208.

...Appellant Versus

1.A.ANILKUMAR S/o.V.Appukuttan Nair, TC 50/1663-1, Vadakevila Veedu, Konkalam, Aramada post, Thiruvananthapuram, Kerala - 695 001, (KL 35-E-1710 Proprietor of Travels Bus)

2.M/s.United India Insurance Company Ltd., Through its Branch Manager, Puthussery Complex, Government Hospital Junction, Aluva, Ernakulam,Kerala, Aluva - 683 101

3.M.Premalatha W/o.Muthukumaran, No.3/24, Akrakarapatti, Nakkalouthu Pachayat, Nilakottai Taluk, Dindigul District - 624 208.

4.M/s.The Oriental Insurance Company Ltd., Through its Branch Manager, No.42, PRP Complex, Second Floor, Door No.20, Main Road, Andipatti, Theni Dt. - 625 512 ...Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.C.Rathnavel Pandian and the counsel for the respondents Mr.G.Prabhu Rajadurai are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

AWARD Already the Tribunal has passed an award of Rs.6,88,864/- with 7.5% interest. After due deliberation, both the parties have agreed for settlement of Rs.8,26,864/- along with interest at the rate of 7.5% p.a. from the date of filing of the claim petition till the date of deposit. https://www.mhc.tn.gov.in/judis The second respondent is directed to deposit the enhanced award amount of Rs.8,26,864/- with accrued interest and costs to the credit of M.C.O.P.No.437 of 2021 on the file of the Chief Judicial Magistrate, Madurai, within a period of eight (8) weeks from the date of receipt of a copy of this order, less the amount, if any already deposited. The claimant is permitted to withdraw the enhanced award amount, less the amount, if any already withdrawn, by filing appropriate application before the Tribunal.

K. Muthukumaran S/o.Karuppaiah Counsel for the Appellant

1.A.ANILKUMAR S/o.V.Appukuttan Nair.

2.M/s.United India Insurance Company Ltd., Through its Branch Manager.

3.M.Premalatha W/o.Muthukumaran.

4.M/s.The Oriental Insurance Company Ltd., Through its Branch Manager.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu 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.

The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

https://www.mhc.tn.gov.in/judis JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. CHIEF JUDICIAL MAGISTRATE, MADURAI.

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

Typed By APD PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis