The Managing Director, v. Deepa W/O Kaliyamoorthy

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th April , 2017 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by:- The Hon'ble Mr.JUSTICE M.V.MURALIDARAN Members:- Mr.R.Jayaratchagan Mr.P.Madhan C.M.A.No.1793 of 2016 (Appeal against the judgment and decree passed on 11.01.2016 in M.C.O.P.No.290 of 2013 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) Kallakurichi).

The Managing Director, Tamil Nadu State Corporation Ltd.

Villupuram..

..Appellant /vs/ 1.Deeba 2.Sangeetha (minor) 3.Ranjitha (Minir) 4.Ajith (Minor) 5.Mookkayee ..Respondents This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned standing counsel for appellant/Transport Corporation and Mr.M.Elangovan, learned counsel for respondents/claimants 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.13,15,200/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant/ Transport Corporation has preferred the present appeal.

2. After deliberation and discussion, both the parties have agreed for the modified award amount of Rs.12,00,000/- (Rupees Twelve Lakhs only) in full quit (inclusive of interest) as compensation.

3.The appellant/Transport Corporation Company is directed to deposit the above said modified award amount, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, http://www.judis.nic.in

M.V.MURALIDARAN,J kal 1st respondent is entitled to a sum of Rs.5,00,000/- and the respondents 2 to 4, being minors are entitled to Rs.2,00,000/- each and the 5th respondent is entitled to a sum of Rs.1,00,000/-. On such deposit, The respondents 1 and 5 are permitted to withdraw their respective shares as apportioned above without filing any formal petition. The minors share amount shall be deposited into any of the nationalised bank. After attaining the majority, the respondents 2 to 4 are permitted to withdraw their respective share amounts. Till such time, the first respondent being mother, is permitted to withdraw the interest of minor shares once in three months for welfare of the minors. Award is modified accordingly.

4. The Tribunal is directed to issue the cheque 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.

The Managing Director, Tamil Nadu State Corporation Ltd.

Villupuram..

Counsel for the Appellant 1.Deeba 2.Sangeetha (minor) 3.Ranjitha (Minor) 4.Ajith (Minor) 5.Mookkayee Counsel for the respondents 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 ((Subordinate Judge) Kallakurichi. 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 http://www.judis.nic.in C.M.A.No.1793 of 2016 08.04.2017