The Managing Director, v. M.Shanmugam,
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 R.SUBRAMANIAN and Members Miss.Miss.V.Ahalya (Retd.District Judge) Mrs.V.J.Latha C.M.A.No.2497 of 2011 (This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1989, to set aside the Judgment and Decree dated 25.10.2010 in M.C.O.P.No.487 of 2009 on the file of Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Erode. The Managing Director, The Tamil Nadu State Transport Corporation (Salem Division) Ltd., Having its office at No.12, Ramakrishna Road, Salem - 07.
... Appellant Vs.
1.M.Shanmugam 2.C.Natarajan
...Respondents
This case came up for settlement before the National Lok Adalat. Both the parties are present.
Mrs.N.Premalatha for Mr.R.Nalliyappan, learned counsel appearing for the respondents is present.
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 25.10.2010 in M.C.O.P.No.487 of 2009 on the file of Motor Accidents Claims Tribunal, II Additional Subordinate Judge, Erode. 2.The transport corporation has filed the above appeal challenging the award for a sum of Rs.3,70,500/- (Rupees three lakhs seventy thousand and five hundred only) with interest at 7.5% per annum and costs of Rs.13,538/- (Rupees thirteen thousand five hundred and thirty eight only) awarded in M.C.O.P.No.487 of 2009 on the file of the II Additional Sub Court, Erode. (M.C.O.P.No.879 of 2009 on the file of Principal District Judge, Erode prior to transfer). 3.The 1st respondent has now agreed for modifying the award to Rs.3,50,000/- (Rupees three lakhs fifty thousand only) with interests at 7.5% per annum. The Corporation has deposited Rs.2,50,000/- (Rupees two lakhs fifty thousand only) along with interest pursuant to the direction in the stay petition.
4. The Corporation shall deposit the balance amount of Rs.1,00,000/- (Rupees one lakh only)with interest as per the modified award within a period of twelve weeks from today. On such
deposit, the Tribunal is directed to transfer the amount deposited to the bank account of the claimant by 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 Managing Director, The Tamil Nadu State Transport Corporation (Salem Division) Ltd., Having its office at No.12, Ramakrishna Road, Salem - 07.
....Counsel for the Appellant 1.M.Shanmugam 2.C.Natarajan .Counsel for the Respondents To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, II Additional Sub Judge, Erode. 2.The The Managing Director, The Tamil Nadu State Transport Corporation (Salem Division) Ltd., Having its office at No.12, Ramakrishna Road,Salem - 07.
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 ay
R.SUBRAMANIAN, J.
ay C.M.A.No.2497 of 2011 09.03.2019