The Managing Director v. G. Anusuya

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of June, 2024 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.P.Rosiah, District Judge (Retd.) Mrs.S.Malathi, Advocate (Appeal against the Award, dated 16.08.2022 made in M.C.O.P. No.881 of 2018 on the file of the Special Sub Court No.I, Motor Accident Claims Tribunal, Court of Small Causes, Chennai).

The Managing Director Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai Chennai - 600 002.

... Appellant / Respondent

Versus

1.G.Anusuya 2.Thenmozhi Jayaveeran 3.G.Manoharan 4.G.Rajan 5.G.Ponmalar ... Respondents / Claimants This case came up for settlement before the Lok Adalat. Mr.A.Vinothraj, learned counsel for the appellant and Mr.K.Baskaran, learned counsel for the respondents. After mutual discussion, negotiation, mediation 1/5

and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The claimants/respondents filed a claim petition before the Tribunal claiming compensation of Rs.9,00,000/-. The Tribunal awarded a sum of Rs.4,10,000/- (Rupees Four Lakhs Ten Thousand only) with interest at the rate of 7.5 % from the date of petition till the date of realisation.

2. Aggrieved by the compensation awarded by the Tribunal, the Appellant / Transport Corporation preferred this appeal before this Court.

3. Now, both the parties entered into negotiation and finally settled the issue arisen between them as follows :

(i) As against the award amount of Rs.4,10,000/- with further interest at the rate of 7.5%, the parties have agreed to settle for a sum of Rs.5,44,981/- as full quit;

(ii) It is represented that of the said sum, a sum of Rs.2,94,981/- has already been deposited before the Trial Court and the balance sum of Rs.2,50,000/- will be deposited within a period of 12 weeks from the date of receipt of a copy of this order;

(iii) The claimants 2 to 5 namely Thenmozhi Jayaveeran, G.Manoharan, G.Rajan and G.Ponmalar, who are all the two daughters and two sons of the deceased, agreed and insisted that the entire deposit amount shall be apportioned only to G.Anusuya, the wife of the deceased. In view thereof, the entire amount deposited shall be paid out to G.Anusuya. The first claimant, 2/5

G.Anusuya is entitled to withdraw the entire sum without any formal application and only upon verification of the identity. In terms of the compromise arrived at between the parties, this Civil Miscellaneous Appeal is disposed of accordingly. The Managing Director Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai Chennai - 600 002.

... Counsel for the Appellant 1.G.Anusuya 2.Thenmozhi Jayaveeran 3.G.Manoharan 4.G.Rajan 5.G.Ponmalar ... 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 71-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 3/5

To: The parties/Advocate concerned Copy to:

1. The Special Sub Judge No.I, Motor Accident Claims Tribunal, Court of Small Causes, 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 grs 4/5

D.Bharatha Chakravarthy, J.

grs 08.06.2024 5/5