The Managing Director v. Chandrasekar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of March, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.Justice M.Thanikachalam and Members:

Mr.G.Dharmaraj, District Judge [Retd.] Mr.V.Murali C.M.A.No.460 of 2022 (Appeal against the judgment and decree passed by the Motor Accidents Claims Tribunal, Principal Sub Judge, Myladuthurai, in M.C.O.P.No.257 of 2018 dated 09.04.2021).

The Managing Director, Tamil Nadu State Transport Corporation, Division 1, Kumbakonam Town & Post Kumbakonam Taluk.

... Appellant /versus/

1. Chandrasekar

2. Krishnaveni

3. Vasudevan ... Respondents (Memo dated 12.03.2022 filed by the respondents to the effect that the third respondent has become major and the said memo is recorded) This case is taken up for settlement before this Lok Adalat. Mr.D.Venkatachalam, learned counsel for appellant and Mr.T.Gobinath, learned counsel for the respondents, are present.

AWARD The legal heirs of one Rengasamy, who died in a road accident approached the Tribunal claiming a sum of Rs.25,00,000/-, which ended in an award of Rs.21,04,400/-, which is challenged by the Tamil Nadu State Transport Corporation before this Court. The claim petition was filed in the year 2018 and considering the long pendency as

well as the interests of both parties, the parties preferred to settle the claim. In this view, the parties have agreed to settle the matter in a sum of Rs.22,50,000/- in full quit.

2. It is represented that the third respondent herein, who was a minor at the time of filing the claim petition and represented by his father, has attained majority. Now, the respondents have filed a petition to declare him as major discharging the guardian Chandrasekar. The Memo filed is recorded. Office is directed to carry out the amendment in all the concerned records.

3. As settled and reported before us, the appellant/transport corporation is directed to pay a sum of Rs.22,50,000/- in full quit of the entire claim. The respondents are directed to share the amount equally. The appellant is directed to deposit, less the amount of Rs.25,000/- already deposited while admitting the appeal.

4. In view of the above conclusion, the award of the Tribunal is modified to the following effect:

'The appellant/transport corporation is directed to deposit a sum of Rs.22,50,000/- [Rupees Twenty Two Lakhs and Fifty Thousand only] in full quit, within a period of eight weeks from the date of receipt of a copy of this award. On such deposit, the respondents are permitted to withdraw the same and share the amount equally.'

The award is modified accordingly. No costs.

The Managing Director, Tamil Nadu State Transport Corporation, Division 1, Kumbakonam Town & Post Kumbakonam Taluk.

Counsel for Appellant /versus/

1. Chandrasekar

2. Krishnaveni

3. Vasudevan Counsel for the respondents This Lok Adalat award is passed as above.

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 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, Principal Sub Judge, Myladuthurai. 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

M.Thanikachalam, J [Retd.] gpa/gm/mp C.M.A.No.460 of 2022

12.03.2022