The Managing Director v. S.Sathya

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE M.DHANDAPANI and Members:

1.Mr.N.Sivathanu 2.Mr.S.Arokiamaniraj C.M.A.No.2088 of 2012 (Appeal against the Judgment and decree passed on 23.09.2011 made in M.C.O.P.No.133 of 2010 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Fast Track Court, Vellore.) The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd Rangapuram, Vellore.

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Appellant /vs/ 1.S.Sathya 2.Minor.Bhuvana @ Bhuvaneswari 3.Minor.Dhanush Kumar (Minor Petitioners 2 and 3 are represented by their mother 1st petitioner) 4.P.Parasuraman 5.P.Kuppu 6.P.Jayanthi ... Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for appellant/Transport Corporation and Mr.M.Sivakumar 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.6,89,000/- with interest at the rate of 7.5% per annum to the claimants and directed the appellant herein to deposit the award amount within 30 days from the date of the award. Challenging the said award, the appellant/Transport Corporation has preferred the present appeal. 2.Both the parties are present before us. After due deliberation and consultation, both the parties have agreed to the modify the award amount to a sum of Rs.7,08,157/- (Rupees Seven Lakhs Eight Thousand and One Hundred Fifty Seven Only) in full quit and the same is awarded. The appellant /Transport Corporation already deposited the entire modified award amount. The first respondent/claimant is entitled to a sum of Rs.1,00,000/-, the second and third respondents are entitled to a sum of Rs.

2,00,000/- each, the fourth and fifth respondents are entitled to a sum of Rs.75,000/- each and the sixth respondent is entitled to a sum of Rs.58,157/- with accrued interest on Rs.7,08,157/-, if any.

thereafter renewable till they attain majority. The first respondent is entitled to withdraw the interest accrued thereon, in respect of the minors viz., second and third respondents /claimants, once in three months.

3.The respondents /claimants are permitted to withdraw the modified award amount, without filing any formal petition. Award is modified accordingly.

4.The Tribunal is directed to transfer the above award amount to the Bank account of the respondents/ claimants by way of NEFT/RTGS, on 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. Consequently, connected civil miscellaneous petition, if any, is closed.

The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd Rangapuram, Vellore.

Counsel for the appellant 1.S.Sathya 2.Minor.Bhuvana @ Bhuvaneswari 3.Minor.Dhanush Kumar (Minor Petitioners 2 and 3 are represented by their mother 1st petitioner) 4.P.Parasuraman 5.P.Kuppu 6.P.Jayanthi

Counsel for the respondents M.DHANDAPANI,J.

Maya This National 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.Motor Accident Claims Tribunal, Additional District and Sessions Judge, Fast Track Court, Vellore 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 C.M.A.No.2088 of 2012 Dated : 09.03.2019