Metropolitan Transport v. Inbaraj

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th 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 C. SARAVANAN and Members Mrs.P.Kavitha Balakrishnan Mr.Daniel Haridoss C.M.A.No.3423 OF 2012 [Appeal against the judgment and decree passed on 22.09.2008 in MCOP.No.680 of 2006 on the file of the Motor Accidents Claims Tribunal), the Additional District Judge, Fast Track Court IV, Ponneri. Metropolitan Transport Corporation Ltd., Rep by its Managing Director, No.2, Pallavan Salai Chennai 600 002.

... Appellant Vs.

Inbaraj ..Respondent This came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.S.S.Swaminathan and learned counsel for the respondent, Mrs.M.Malar 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.2,09,500/- with interest at 7.5% per annum from the date of numbering of the petition till the date of deposit. It is represented by the learned counsel for the appellant/Transport Corporation that the entire award amount along with interest of Rs.2,60,068/- has already been deposited before the Tribunal.

2. Aggrieved over the award of the Tribunal, the appellant/Transport Corporation has preferred the present appeal. Now, both the parties have agreed to modify the award to a sum of Rs.2,60,068/- (Rupees Two lakhs sixty thousand and sixty eight only ) in full quit as compensation.

3. Out of the deposited amount, the respondent is permitted to withdraw a sum of Rs.2,60,068/-, without filing any formal petition. The appellant/Transport Corporation is entitled to withdraw the balance amount lying to the credit of the Tribunal, if any.

4.The Tribunal is directed to issue the cheques to the parties 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. Consequently, connected Miscellaneous Petitions are closed, if any.

Metropolitan Transport Corporation Ltd., Rep by its Managing Director, No.2, Pallavan Salai Chennai 600 002.

Counsel for the Appellant Inbaraj Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under 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, The Additional District Judge, Fast Track Court IV, Ponneri. 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. Kkd/vkr

C.SARAVANAN., J.

vkr C.M.A.No.3423 OF 2012 09.03.2019