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[Cites 5, Cited by 0]

Madras High Court

P.Kanniyappan vs M/S.Rpp Infra Projects Ltd on 19 June, 2018

                              HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
                                      Saturday, the 13th day of August 2022
                                      NATIONAL LOK ADALAT AWARD
                          (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

                  Presided over by
                        The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                and
                  Member :

                      Mr. R. Ravindra Bose (Retd.D.J.)
                      Mr. P.G. Kumaraguru (Advocate)

                                               C.M.A.No. 2526 of 2018
                            (Appeal against the Judgment and Decree dated 19.06.2018 made
                  in M.C.O.P.No.4029 of 2013 on the file of Motor Accidents Claims
                  Tribunal, II Small Causes Court, Chennai by allowing this Civil
                  Miscellaneous Appeal.)


                  P.Kanniyappan                                           ... Appellant
                                                     Versus

                  1. M/s.RPP Infra Projects Ltd.,
                     No.140, Perundurai Road,
                     P & C Towers III Floor,
                     Erode- 638 011.

                  2. The New India Assurance Co., Ltd.,
                     No.45, 2nd Line Beach, Moores Street,
                     Chennai- 600 001.                                    ... Respondents

                  (1st Respondent set exparte
                  before the Tribunal)


                       This case came up for settlement before the Lok Adalat. Both parties
                  are present.      Ms.Ramya V. Rao, learned counsel for the appellant and
                  Mr.J.Michael Visuvasam, learned counsel for the 2nd respondent are
                  present. After mutual discussion and negotiation between both parties

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                  they arrived at a compromise to settle the matter as follows:




                                               TERMS OF SETTLEMENT

                             Both parties along with their representatives are present.


                             2.As against the award of sum of Rs.1,76,000/- (Rupees           One
                  Lakh Seventy Six only) with interest, today when the matter came up,
                  both sides settled for a total sum of Rs.5,00,000/- (Rupees Five Lakhs
                  only) over and above the award of the Tribunal, in full quit.


                             3.It is represented that the compensation awarded by the Tribunal
                  along with accrued interest has already been deposited by the 2nd
                  Respondent and the same has already been withdrawn by the Claimant.


                             4. The Appellant/Claimant is willing to accept the sum of
                  Rs.5,00,000/- (Rupees Five Lakhs only), now awarded before this forum
                  as full quit and the said sum of Rs.5,00,000/- (Rupees Five Lakhs only)
                  shall be deposited by the 2nd Respondent/Insurance Company on or
                  before 14.09.2022.


                             5.On   such   deposit,   the   Appellant/Claimant   is   permitted   to
                  withdraw the entire award amount.




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                             6.The Tribunal shall disburse the award amount to the Claimant

                  on proper identification and verification, without any formal application.




                  P.Kanniyappan                                 Counsel for the Appellant




                  The New India Assurance Co., Ltd.,
                  No.45, 2nd Line Beach, Moores Street,
                  Chennai- 600 001.                     Counsel for the 2nd Respondent




                  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 Tamil Nadu Court Fees and
                  suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for
                  under sub Sec.1 of Section 2 r/w 25 of LSA Act 1987 as amended in
                  1994.


                                                      Judge


                                    Member                               Member




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                                                              D.Bharatha Chakravarthy,J.

arr To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, II 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 arr C.M.A.No.2526 of 2018 13.08.2022 Page 4 of 4 https://www.mhc.tn.gov.in/judis