The Managing Director, Tnstc., Trichy v. Angamuthu
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members:
Mr.K. Paramaraj Mr.N. Dhanasekaran C.M.A. No.846 of 2011 (Appeal against the Judgment and decree passed on 30.06.2009, in M.C.O.P.No.243 of 2002 on the file of the Motor Accidents Claims Tribunal, and Principal District Judge, Namakkal.
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam, Division-II Tirchy.
...Appellant Vs
1. Angamuthu
2. P. Arumugam (Given Up) ...
Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D. Venkatachalam, learned counsel for appellant is present and Mr.C. Thangamuthu, learned counsel for the first 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.3,17,800/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation, for the injury sustained by the first respondent herein. 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 settle the claim for a sum of Rs.4,88,017/- (Rupees Four lakhs Eighty Eight Thousand and Seventeen only) in full quit and the same is awarded.
3. The appellant is directed to deposit the award amount within a period of twelve weeks from the date of receipt of a copy of this order after deducting the amount already deposited if any. The first respondent is entitled for the interest of Rs.2,08,017 which has already been deposited by the appellant/Transport Corporation.
4. On such deposit, the first respondent/claimant is permitted to withdraw the award amount without filing any formal petition. The Award is passed accordingly.
5.The Tribunal is directed to issue the cheque to the party concerned 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.
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam, Division-II Tirchy.
Counsel for the Appellant Angamuthu Counsel for the first respondent 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. The Motor Accidents Claims Tribunal, and Principal District Court, Namakkal. 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
Mr.JUSTICE MALAISUBRAMANIAN (Retd.) lbm C.M.A. No.846 of 2011 13.07.2019