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Madras High CourtCMA/2510/2015settled before the lokadalats

The Managing Director,,Tnstc Villupuram. v. Kumari

2020-01-09Honourable Mr. Justice Malai Subramanian (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 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.DHANDAPANI and Members:

Mr.Pa.Kadirvel Mr.Ravinder Bose C.M.A.No.2510 of 2015 (Appeal against the judgment and decree dated 09.04.2015 and made in M.C.O.P.No.179 of 2010, on the file of the Motor Accident Claims Tribunal, Aarani, Tiruvannamalai).

The Managing Director Tamil Nadu State Transport Corporation, Villupuram.

... Appellant /versus/ Kumari ... Respondent This case is not listed today. However, it is taken up before this Lok Adalat at the instance of the learned counsel for the Transport Corporation. The appellant is present and the Mr.K.J.Sivakumar, learned counsel for appellant and the respondent is present.

AWARD The Tribunal has awarded a sum of Rs.9,11,000/- (Rupees Nine Lakhs Eleven Thousand Only) at the rate of 7.5% per annum from the date of petition

till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.

2. The learned counsel for the appellant submitted that already Rs.25,000/- (Rupees Twenty Five Thousand Only) was deposited and thereafter, 50% of the total award amount has been deposited as per the Court order.

3. After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.11,75,000/- (Rupees Eleven Lakhs Seventy Five Thousand Only) in full quit.

4. The appellant / Transport Corporation is directed to deposit the modified award amount arrived at today, less the amount already deposited, if any, within a period of twelve weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.179 of 2010 on the file of Motor Accident Claims Tribunal, Aarani, Tiruvannamalai. On such deposit being made, the respondents / claimants are permitted to withdraw the amount on filing proper applications.

5. 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.

6. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. The Managing Director Tamil Nadu State Transport Corporation, Villupuram.

Counsel for the Appellant Kumari ... 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.Motor Accident Claims Tribunal, Aarani, Tiruvannamalai. 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.DHANDAPANI,J.

Ksa-2 C.M.A.No.2510 of 2015 14.12.2019