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Madras High CourtCMA/2071/2016disposed of

The Managing Director v. C.Balaiah

2019-09-14Honourable Mr Justice M.Dhandapani4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 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.M.Sambasivam Mr.T.R.Ravi C.M.A.No.2071 of 2016 (Appeal against the judgment and decree dated 10.02.2016 made in M.C.O.P.No.689 of 2014 on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge, Cuddalore.) The Managing Director Tamil Nadu Transport Corporation (Villupuram Divn.I) Ltd., Villupuram-605 602 ... Appellant /versus/ C.Balaiah ... Respondent Though this case was not listed in the Cause List, on mentioning, this case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.K.J.

Sivakumar, learned counsel for appellant and Mr.K.Mukunthan, learned counsel for the respondent are present.

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.3,77,900/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the said compensation, the appellant/ Transport Corporation has preferred the present appeal.

2. After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.3,85,000/- (Rupees Three Lakhs and eight five thousand only) in full quit.

3. It is represented by the Appellant-Transport Corporation that they have already deposited a sum of Rs.4,53,876/-. The respondent / claimant is permitted to withdraw the award amount. The appellant Transport Corporation is permitted to withdraw the balance amount.

4. 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.

Consequently, connected civil miscellaneous petition, if any, is closed. The Managing Director Tamil Nadu Transport Corporation (Villupuram Divn.I) Ltd., Villupuram.

Counsel for the Appellant C.Balaiah 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

M.DHANDAPANI,J.

rm To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Principal Subordinate Court, Cuddalore.

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 C.M.A.No.2071 of 2016 14.09.2019