Tamil Nadu State v. G. Subramani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.DHANDAPANI and Members:

Mr.M.Sambasivam Mr.T.R.Ravi C.M.A.No.2535 of 2006 (Appeal against the award and decreetal order passed by the Motor Accidents Claims Tribunal, Sub Judge, Gudiyatham and made in MACTOP No.124 of 2005 dated 13.02.2006.) Tamil Nadu State Transport Corporation Ltd., Villupuram Div.II, Vellore Rep. by its Divisional Manager ... Appellant /versus/ 1.G.Subramani 2.Minor.Rajasekar 3.Minor.Mahalakshmi 4.Minor.Punitha 5.Minor.Maloor Minors II to V Rep. by their Father G.Subramani ... Respondents This case is not listed today. However, it is taken up before this Lok Adalat at the instance of the learned counsel for the Transport Corporation. The appellant is present. Mr.K.J.Sivakumar, learned counsel for appellant is present.

AWARD This appeal is preferred by the appellant Transport Corporation as against the award dated 13.02.2006 passed by the Motor Accidents Claims Tribunal, Sub Judge, Gudiyatham, in MACTOP No.124 of 2005.

2. The learned counsel for the appellant submitted that the appellant Transport Corporation agreed to satisfy the award passed by the Tribunal. In view of the same, the award of the Tribunal at Rs.3,87,000/-(Rupees Three Lakhs and Eighty Seven Thousand only) with interest at the rate of 6% per annum from the date of petition till the date of deposit, is hereby confirmed. 3.Hence, the appellant Transport Corporation is directed to deposit the entire award amount with interest and costs, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this award. On such deposit being made, the first respondent / claimant is permitted to withdraw his share.

The shares of the minor claimants/ respondents 2 to 5 shall be deposited in any one of the Nationalized Bank, till they attain the age of majority and the father of the minor claimants/ first respondent is entitled to withdraw the accrued interest, once in three months. The Tribunal is directed to transfer the same to the respondents/claimants, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition.

4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected civil miscellaneous petition/s, if any, is/are closed. Tamil Nadu State Transport Corporation Ltd., Villupuram Div.II, Vellore Rep. by its Divisional Manager.

Counsel for the Appellant 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, 1983 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, Sub Judge, Gudiyatham.

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.DHANDAPANI,J.

pri C.M.A.No.2535 of 2006 14.09.2019