N PRABHURAJ Vs. JOSEPHINE

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 28.10.2010 made in M.P.No.1972 of 2010 in M.C.O.P.No.1239 of 2001 on the file of the III Small Causes Court, Chennai.

(2.) The petitioner is claimant, first respondent is the owner of the vehicle and second respondent is the insurance company of the vehicle involved in the accident. The petitioner filed M.C.O.P.No.1239 of 2001 on the file of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai, claiming compensation of Rs.3,00,000/- for the injuries sustained by him in the accident that occurred on 16.05.2000. In the claim petition, both the respondents entered appearance, filed counter and were contesting the claim petition. The said M.C.O.P. was taken up before the Lok Adalat held on 24.04.2010. Notice was issued to all the parties concerned. First respondent was served notice for the hearing on 24.04.2010. On that date, first respondent/owner of the vehicle did not appear. Petitioner and second respondent compromised the matter and second respondent agreed to pay a sum of Rs.1,55,000/- against the claim of Rs.3,00,000/-. In view of the compromise between the petitioner and second respondent, Lok Adalat passed an award dated 24.04.2010 directing the second respondent/insurance company to pay a sum of Rs.1,55,000/- towards full quit of the claim to the petitioner. Second respondent deposited the said award amount into Court.

(3.) Challenging the said award dated 24.04.2010 made in M.C.O.P.No.1239 of 2001, first respondent filed M.P.No.1972 of 2010 under Section 151 C.P.C. to stop issuing cheque to the petitioner and conduct trial on merits.