The Managing Director v. Dashnamoorthy
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 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.GOVINDARAJ and Members Mr.A. Selvadoss (District Judge) Mr.S.Panneerselvam (Advocate) C.M.A.NO.1178 of 2016 (Appeal against the judgment and decree passed on 08.01.2015 made in M.A.C.T.O.P.No.5229 of 2013 on the file of the Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai.) The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Division, Kancheepuram.
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Appellant Vs
1. Dashnamoorthy
2. The United Bank of India, 117 Armenian Street, Chennai.
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Respondents (impleaded as per order dated 03.05.2017) This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.J.Shivakumar, learned counsel for the Appellant and Mr.Senthil Kumar, learned counsel for the respondent 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.7,44,700/-, with interest at 7.5% per annum, from the date of petition, till the date of deposit.
2. After due deliberation and consultation, the appellant/Transport Corporation has already deposited a sum of Rs.8,97,906/- (Rupees Eight Lakhs Ninety Seven Thousand Nine Hundred and Six Only) to the Tribunal. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.
3. This Court by order dated 03.05.2017 directed the second respondent/United Bank of India, 117 Armenian Street, Chennai not to disburse any amount from the account of the claimant bearing Account No.0286010165778. Now, pursuant to the settlement arrived, the appellant/Transport Corporation is entitled to get Rs.2,50,000/- from the 2nd respondent/bank. The 2nd respondent/bank is directed to deposit Rs.2,50,000/- to the account of the Managing Director, Tamil Nadu State transport corporation, Villupuram Division. The balance amount lying in the account of the claimant with accrued interest can be disbursed. The claimant is also entitled to withdraw the statutory deposit made by the Transport Corporation (Tamil Nadu State transport corporation representing Managing Director, Villupuram Division) on production of proper identification.
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 is disposed of accordingly. No costs. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Division, Kancheepuram.
Counsel for the Appellant Dashnamoorthy 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 To:The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, IV Court of Small Causes, 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.+2 copies
M. GOVINDARAJ, J.
bri C.M.A.NO.1178 of 2016 13.07.2019