The Managing Director v. Minor V. Meenakshi Sundaram

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE M.DHANDAPANI and Members:

1.Mr.N.Sivathanu 2.Mr.S.Arokiamaniraj C.M.A.No.2725 of 2007 (Appeal against the Judgment and decree passed on 28.09.2006 in M.A.C.T.O.P.No.1105 of 2003 on the file of the Motor Accident Claims Tribunal/Additional District Court cum Fast Track Court No.II), Cuddalore.

The Managing Director Tamil Nadu State Transport Corporation Ltd Villupuram ... Appellant /vs/ Minor V.Meenakshi Sundaram Rep by his Father and Natural Guardian P.Vinayagam ... Respondent With the consent of both the parties, the case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.J. Sivakumar, learned counsel for appellant is present and Mr.N.Jawahar, learned counsel for the respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.58,000/- with interest at the rate of 7.5% per annum to the claimant and directed the appellant herein to deposit the award amount within a period of one month from the date of the award. Challenging the said award, the appellant/Transport Corporation has preferred the present appeal.

2. Both the parties are present before us. The appellant has already deposited a sum of Rs.90,340/-. As agreed by them, out of the said deposited amount, the respondent/claimant is entitled to Rs.70,000/- with proportionate accrued interest and the appellant is entitled to Rs.20,000/- with proportionate accrued interest. At the time of filing the claim petition, the respondent is minor and now he became major. Hence, he is entitled to withdraw the entire award amount without filing any formal application, on production of his age proof, before the trial Court.

3. The Tribunal is directed to transfer the above said award amount to the Bank account of the respondent/ claimant by way of NEFT/ RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

4.The Civil Miscellaneous Appeal is disposed of accordingly at the SR stage itself. No Costs. Consequently, connected Miscellaneous Petition, if any, is closed.

The Managing Director Tamil Nadu State Transport Corporation Ltd Villupuram Counsel for the appellant Minor V.Meenakshi Sundaram Rep by his Father and Natural Guardian P.Vinayagam Counsel for the respondent This National 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, 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 Accident Claims Tribunal/Additional District Court cum Fast Track Court No.II), Cuddalore.

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.

Vrn/at C.M.A.No.2725 of 2007 09.03.2019