The Magaging Director v. Ambika

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of February, 2018 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:

Mr.K.Ramaswamy Mr.M.Bhaskar C.M.A.No.2816 of 2015 (Appeal against the judgment and decree passed by the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai made in M.C.O.P.No.6367 of 2013 dated 19.03.2015).

The Managing Director Tamil Nadu State Transport Corporation Villupuram Division III, Parandur Road, Ponnerikarai Kanchipuram Taluk ... Appellant /versus/ Ambika ... Respondent The case is not listed today. With the consent of the parties, 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.K.Prem 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:

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TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.2,02,500/- with interest at the rate of 7.5% per annum from the date of petition till the date of realisation as the award. Aggrieved by the award, the appellant/transport corporation has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to reduce the award amount from Rs.2,02,500/- to Rs.1,60,000/- (Rupees one lakh and sixty thousand only) with interest at the rate of 7.5% as compensation and the same is awarded accordingly.

3.The appellant/transport corporation is directed to deposit the modified award amount of Rs.1,60,000/- with interest at the rate of 7.5%, after deducting the amount already deposited, if any, within a period of twelve weeks from the date of receipt of a copy of this order. On such deposit, the respondent/claimant is permitted to withdraw the modified award amount, less the amount already withdrawn, if any, without filing any formal petition.

4. The Tribunal is directed to issue the cheque to 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. Consequently, connected Miscellaneous Petition is closed, if any. No costs. The Managing Director Tamil Nadu State Transport Corporation Villupuram Division III, Parandur Road, Ponnerikarai Kanchipuram Taluk counsel for the Appellant Ambika 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 Accidents Claims Tribunal, IV 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.+2 copies

M. DHANDAPANI, J.

kas C.M.A.No.2816 of 2015 10.02.2018