The Managing Director v. Murugan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th 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 C. SARAVANAN and Members Mrs.P.Kavitha Balakrishnan Mr.Daniel Haridoss C.M.A.No.1722 of 2013 [Appeal against the award made in M.C.O.P.No.4224 of 2008 dated 29.11.2012 on the file of the Motor Accidents Claims Tribunal (Chief Small Causes Court,) Chennai.

The Managing Director, Metropolitan Transport Corporation Chennai Ltd., No.2, Pallavan Salai, Chennai-600 002.

... Appellant Vs.

1.Murugan 2.M.Roshini (Minor) 3.M.Rohini (Minor)

...Respondents

(Minors respondents 2 and 3 are represented by his father and next friend Murugan 1st respondent) This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.K.Natarajan for Mr.A.Babu and learned counsel for the respondents, Mr.S.Natanarajan are present along with their clients. After mutual discussion, negotiation, mediation and conciliation between both parties, they have arrived at a compromise to settle the case as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.6,98,000/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Aggrieved over the award of the Tribunal, the Metropolitan Transport Corporation / appellant has preferred the present appeal. Both the parties have agreed to modify the award to Rs.9,45,207/- in full quit as compensation.

3. It is represented by the learned counsel for the appellant/Transport Corporation that the award amount passed by the Tribunal along with interest and TDS of Rs.9,45,207/- has already been deposited before the Tribunal.

4. The claimants / respondents are entitled to the award amount of Rs.9,45,207/- in full quit as compensation and the 1st respondent is permitted to withdraw the share of the award amount in the same ratio as apportioned by the Tribunal without filing any formal petition. Insofar as the share of the respondents 2 and 3 who are the minors, are concerned, the same shall be deposited in any one of the nationalised bank till they attains majority. On attaining the age of majority, the respondents 2 and 3 are permitted to withdraw their share on production of age proof certificate before the Tribunal. The Award is passed accordingly.

5.The Tribunal is directed to issue the cheque 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. Consequently, connected Miscellaneous Petition is closed, if any. The Managing Director Metropolitan Transport Corporation Chennai Ltd., No.2 Pallavan Salai, Chennai-600 002.

Counsel for the Appellant 1.Murugan 2.M.Roshini (minor)

3.M.Rohini (Minor) ... Counsel for the respondents.

(Minors respondents 2 and 3 are represented by his father and next friend Murugan 1st respondent) 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 (Chief Small Causes Court,) Chennai. 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. ssn

C.SARAVANAN, J., ssn C.M.A.No.1722 of 2013 09.03.2019