The Managing Director, Tnstc., Ltd., Villupuram v. Minor Azhagesan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 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.Pa.Kadirvel Mr.Ravinder Bose C.M.A.No.1452 of 2015 (Appeal against the judgment and decree passed on 31.07.2012 made in M.C.O.P.No.137 of 2012 on the file of Motor Accident Claims Tribunal, III Additional District Court, Kallakurichi.

The Managing Director The Tamilnadu State Transport Corporation Limited Villupuram ... Appellant /versus/ 1.Minor Azhagesan (Minor is represented by his grand father Mr.Thoppulan) .... Respondent This case is listed today for settlement. The learned counsel for the Transport Corporation. The appellant is present. Mr.K.J.Siva Kumar, learned counsel for appellant is present. Mr.G.Mohammed Aseef, learned counsel for the respondents present.

AWARD This appeal is preferred by the appellant Transport Corporation as against the award dated 31.07.2012 and made in M.C.O.P.No.137 of 2012, on the file of the Motor Accident Claims Tribunal, III Additional District Court,

Kallakurichi.

2.After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.6,90,000/- (Rupees Six Lakhs Ninety Thousand Only) in full quit.

3. The appellant Transport Corporation is directed to deposit the modified award amount arrived at today, less the amount already deposited, if any, within a period of twenty four weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.137 of 2012 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Kallakurichi, failing which, the appellant shall deposit the modified award amount with simple interest at the rate of 6% p.a.

4. On such deposit being made, the sole respondent / claimant is minor. The sole respondent is entitled to a sum of Rs.6,90,000/-. A sum of Rs.5,00,000/- (Rupees Five Lakhs only) of the minor claimant shall be deposited in any one of the Nationalised Banks till he attains the age of majority. The grand father of the minor claimant is permitted to withdraw the accrued interest once in three months and also Rs.1,90,000/- (One Lakh Ninety Thousand only) shall be withdrawn by the grand father for his educational purpose.

4. 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.

5. The Civil Miscellaneous Appeal at the SR stage is disposed of accordingly. Consequently, connected civil miscellaneous petition, if any, is closed.

The Managing Director The Tamilnadu State Transport Corporation Limited Villupuram Counsel for the Appellant 1.Minor Azhagesan (Minor is represented by his grand father Mr.Thoppulan) Counsel for the Respondent 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, 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

M.DHANDAPANI,J.

kas To:The parties/Advocate concerned Copy to:

1.The Motor Vehicles Accidents Claims Tribunal, III Additional District Court, Kallakurichi 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 C.M.A.No.1452 of 2015 14.12.2019