The Managing Director v. S.Shanthi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 8th day of December 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.KRISHNAKUMAR and Members Mr.A.Manivasakam Ms.V.J.Latha C.M.A.No.1754 of 2010 and M.P.No.1 of 2010 (Against the award and decree passed on 02.04.2009 made in M.C.O.P.No.929 of 2006 , on the file of the Motor Accident Claims Tribunal, Subordinate Court, Tirupur) The Managing Director, Tamil Nadu State Transport Corporation, Division I, Mettupalam Road, Coimbatore .. Appellant Vs.

1. S.Shanthi ..1st Respondent /Petitioner

2. K.Vadivel .. 2nd Respondent /2nd respondent This case came up for settlement before the Lok Adalat. Both parties are present. The learned Standing counsel for the appellant Mr.K.J.Sivakumar and the learned counsel for the first respondent Mrs.Ra.Srividya are 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.1,27,900/- with interest at 7.5% per annum as compensation. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal. The appellant / Transport Corporation official reported that they had already deposited Rs.59,943/- before the Tribunal.

2. After due deliberation and consultation, both the parties have agreed to modify the award and settle the dispute before this Lok Adalat. Accordingly, the Appellant/Transport Corporation has now agreed to pay a sum of Rs.1,00,000/- as full quit. Accordingly, now, the Transport Corporation, is directed to pay a sum of Rs.1,00,000/- as full quit towards settlement of compensation in addition to already deposited amount of Rs.59,943/- with accrued interest.

3. On such deposit being made, the first respondent/claimant is permitted to withdraw the entire amount without filing any formal petition before the Tribunal. Award is passed accordingly.

4. The Tribunal is directed to issue cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently connected the Miscellaneous Petition is closed. The Managing Director, Tamil Nadu State Transport Corporation,

Division I, Mettupalam Road, Coimbatore Counsel for the Appellant S.Shanthi Counsel for the first Respondent /Claimant This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under 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,Subordinate Court, Tirupur. 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 nvsri D.KRISHNAKUMAR, J.,

nvsri C.M.A.No.1754 of 2010 08.12.2018