Madras High CourtCMA/133/2012settled before the lokadalats

The Managing Director v. R.Palanisamy

2019-03-09Honourable Mr Justice R. Subramanian4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SUBRAMANIAN and Members Miss.V.Ahalya (Retd. District Judge) Mrs. V.J.Latha C.M.A.No.133 of 2012 (This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1989, against judgment and decree dated 24.03.2011 made in MCOP No.73 of 2008 on the file of the Motor Vehicles Accident Claims Tribunal (Principal Subordinate Judge) at Erode.) The Manager Director, Tamil Nadu State Transport Corporation Ltd., Erode.

... Appellant/Petitioner Vs.

1.R.Palanisamy

2. S.K.Syed Kasim (Given up) ..Respondents/Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.J.Shivakumar, learned counsel is appearing on behalf of the appellant. Mr.N.Umapathi, learned counsel is appearing on behalf of the respondents.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1989, against the judgment and decree dated 24.03.2011 made in MCOP No.73 of 2008 on the file of the Motor Vehicles Accident Claims Tribunal (Principal Subordinate Judge) at Erode.)

2. This Appeal has been filed by the Corporation challenging the award of the Tribunal for a sum of Rs.5,30,000/-(Rs.Five Lakhs thirty thousand only) with interest at 7.5% and costs made in MCOP No.73 of 2008. The officials of the Corporation as well as the Claimant are present in person. They are agreed for settling the matter as follows:

3. The Corporation had deposited a sum of Rs.6,36,830/- (Rs.Six lakhs thirty six thousand eight hundred and thirty only) to the credit of MCOP No.73 of 2008 on the file of the Principal Subordinate Judge at Erode. Out of the said deposited amount, the claimant had withdrawn one-half with accrued interest, pursuant to the order granted by this Court. As per the settlement reached between the parties, the Corporation shall withdraw a sum of Rs.25,000/- (Rs.Twenty five thousand only) from the amount lying in deposit and the balance to be paid over to the claimant. The claimant is permitted to withdraw the balance amount with accrued interest.

4. The Tribunal is directed to transfer the amount in favour of the claimant through RTGS/NEFT, if any such request is made by the claimant, 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. Judge Member Member The Manager Director, Tamil Nadu State Transport Corporation Ltd., Erode.

Counsel for the Appellant R.Palanisamy Counsel for the respondent To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (Principal Subordinate Judge) at Erode.) 2.The Manager, Tamil Nadu State Transport Corporation Ltd., Erode. 3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies jv

R.SUBRAMANIAN, J.

jv C.M.A.No.133 of 2012 09.03.2019