Tamilnadu State Transport Corporation Ltd. v. Vasanthy
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of March, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.M.SAMBASIVAM Mrs.K.AKILANDESHWARI CMA No.564 of 2021 Appeal against the Judgment and decree passed by the Motor Accident Claim Tribunal, II Additional District Judge, Vellore @ Ranipet made in M.C.O.P.No.249 of 2017 dated 15.09.2020.
Tamil Nadu State Transport Corporation Ltd., Rep. Through its Managing Director, Villupuram, Vellore Division, Vellore.
...Appellant Vs.
1. Vasanthy
2. Gollapuri
3. Minor Nandha Kumar
4. Minor Balakumar R3 & R4 rep by their mother first petitioner Vasanthy
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for appellant/Insurance Company and Mr.E.Kannadasan, learned counsel for the respondents 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.24,03,000/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.23,03,000/- (Rupees Twenty Three Lakhs and Three Thousand only) along with interest at 5% per annum from the date of filing of the petition without costs as compensation.
3. The appellant / Insurance Company is directed to deposit the above said accepted award amount of Rs.23,03,000/- (Rupees Thirty Two Lakhs and Fifty Thousand only) along with interest at 5% per annum from the date of filing of the petition, after deducting the amount already deposited if any, within a period of twelve weeks from the date of receipt of a copy of this award.
4. The modified amount shall be apportioned among the claimants / respondents 1 to 4 as follows:- R1 - Rs.9,03,000/- R2 - Rs.4,00,000/- R3 (minor) - Rs.5,00,000/- R4 (minor) - Rs.5,00,000/-
5. The share of the minor claimants (Rs.10,00,000/-) shall be deposited in any one of the Nationalised Banks till they attain majority in reinvestment scheme. On such deposit, the claimants/respondents are permitted to withdraw the modified amount without filing any formal petition. Award is passed accordingly.
6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any.
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 Tamil Nadu State Transport Corporation Ltd., Rep. Through its Managing Director, Villupuram, Vellore Division, Vellore.
Counsel for the Appellant
1. Vasanthy
2. Gollapuri
3. Minor Nandha Kumar
4. Minor Balakumar Counsel for the respondents
B.GOKULDAS,J. (Retd.) kmi/ms To:
The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, II Additional District Judge, Vellore @ Ranipet 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 kmi/ms CMA No.564 of 2021 12.03.2022