The Managing Director, v. Manuneethi Cholan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 14th day of July, 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable MR.JUSTICE M.V.MURALIDARAN and Members MR.R.PARANJOTHI, Dist. Judge (Retd.) MRS.DANIEL MARY C.M.A.No.226 of 2016 This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act,1988, praying, against the award in M.C.O.P.No.319 of 2012 dated 07.04.2014 on the file of the Motor Accidents Claims Tribunal, Sub Court, Kallakurichi.
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram.
... Appellant Vs.
1.Manuneethisozhan 2.Silambendhi ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for the appellant and Mr.M.Selvam, learned counsel for the respondents 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 passed an award of Rs.6,49,000/- (Rupees Six Lakhs and Forty Nine Thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of deposit along with cost.
2. After great deliberation and discussion, both parties have compromised the disputed claim for a sum of Rs.8,05,000/- (Rupees Eight Lakhs and Five Thousand only) in full quit (inclusive of interest).
3. The appellant/Insurance Company has agreed to deposit the compromise amount, less the amount if any, already deposited by them, within a period of four weeks from the date of receipt of a copy of this award.
4. In view of the compromise arrived at between both the parties, the National Lok Adalat hereby declare and decree that the appellant/Insurance Company shall deposit a sum of Rs.8,05,000/- (Rupees Eight Lakhs and Five Thousand only) in full quit (inclusive of interest), within a period of four weeks from the date of receipt of a copy of this award. On such deposit, the respondents are permitted to withdraw the compromise amount immediately, without filing any formal petition, before the competent Court.
5. 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.
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram.
Counsel for the Appellant 1.Manuneethisozhan 2.Silambendhi Counsel for the Respondents 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, Sub Court, 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
M.V.MURALIDARAN, J., mrr C.M.A.No.226 of 2016 14.07.2018