Tamilnadu State Transport Corporation (Tnstc) v. Master P.D.Manideep

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL M.A.C.M.A. No.2270 of 2014 Between:

Tamilnadu State Transport Corporation (TNSTC), and another ..Appellants And Master P.D.Manideep and another ..Respondents Counsel for the appellants: Mr.K.Srinivasa Rao Counsel for the respondents: Mr.V.Srinivasa Rao The Court made the following:

CVNR, J & MSKJ, J M.A.C.M.A.No.2270 of 2014 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This appeal is filed against the order and decree, dated 31.01.2013, in M.V.O.P.No.1316 of 2011 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-IX Additional Chief Judge's Court (Fast Track Court), City Civil Court, Hyderabad.

2.

The Registry has placed before us, a copy of the award, dated 08.10.2016, of the Lok Adalat held at Hyderabad, which reads as under: "The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised the case/matter, the following Award is passed in terms of the settlement:

1. Sri S.Rama Moorthy, Senior Deputy Manager (HRD) TNSTC, Kumbakonam Ltd., Kumbakonam, Tamilnadu representing on behalf of appellants and Sri V.Srinivasa Rao, learned counsel for respondent/claimant and both the parties are present. The matter has been settled amicably between the parties.

2. It is stated by both parties that they have amicably settled their dispute and in pursuance of the compromise, the respondent/applicant agreed to receive a total compensation of Rs.44,00,000/- in full and final quittance of their claims against respondents/claimants as against the awarded amount of Rs.40,00,000/- along with interest at 7% per annum from the date of petition till realization.

3. It is submitted that a sum of Rs.25,000/- has already been deposited by the TNSTC and TNSTC agreed to deposit the balance amount in six monthly installments i.e., 1st installment of Rs.8,75,000/- to be deposited on or before 31.01.2017 and the remaining five installments of Rs.7,00,000/- each on or before end of the succeeding months i.e., from end of February, 2017 to end of June, 2017 respectively. In the event of default in depositing the single installment by the TNSTC within the said due date, the respondents/claimants are at liberty to execute

CVNR, J & MSKJ, J M.A.C.M.A.No.2270 of 2014 the award to recover the balance amount due with interest at 12% per annum from the date of default till the date of realization.

4. The respondent No.1/petitioner No.1 is permitted to withdraw his entire respective share as and when deposited by the TNSTC. The respondent No.2/petitioner No.2 shall be kept in fixed deposit in any nationalized bank till she attains the age of majority. After she became major, she is entitled to withdraw the entire amount as and when deposited by the TNSTC.

5. The parties are informed that the Court fee, if any, paid by any of them before lower Court shall be refunded." 3.

Mr.K.Srinivasa Rao, learned counsel for the appellants, has submitted that the appeal may be disposed of in terms of the aforementioned Lok Adalat award. None appears for the respondents. 4.

In the light of the Lok Adalat award, dated 08.10.2016, referred to above and the submissions of the learned counsel for the appellants, the Motor Accident Civil Miscellaneous Appeal stands disposed of in terms of the said Lok Adalat award.

___________________________ C.V.NAGARJUNA REDDY, J ____________________ M.S.K.JAI SWAL, J 10th November, 2016 GHN