Managing Director v. Saleena

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by:- The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN Members:-

(1) Mrs.M.Rajalakshmi, District Judge & Additional District Judge (RE-1) (Retd.)

(2) Mrs.Sudharshana Sunder, Advocate CMA.No.2441 of 2016 (Civil Miscellaneous Appeal against the award and decree passed, dated 28.01.2014 in MCOP.No.75 of 2012, on the file of the Motor Accidents Claims Tribunal, Tiruvannamalai Additional Sub Court, Tiruvannamalai Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Appellant(s) Vs.

1.Saleena 2.The Managing Director, Karnataka State Transport Corporation Limited, Bangalore Respondent(s) This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, the learned counsel for the Appellant and Mr.C.Subramanian, the learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT This Appeal has been filed as against the impugned award dated 28.01.2014 in MCOP.No.75 of 2012, on the file of the Motor Accidents Claims Tribunal, Tiruvannamalai Additional Sub Court, Tiruvannamalai 2.The Quantum of Compensation awarded by the Tribunal in respect of the appellant herein is Rs.54,250/-- with interest at 7.5% per annum from the date of petition till the date of deposit of compensation.

3.Being not satisfied with the award passed by the Tribunal, the Transport Corporation has preferred the present appeal. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.68,000/- in full quit. 4.The Appellant is directed to deposit the above said modified award amount of Rs.68,000/- after deducting the amount if any already deposited within a period of four weeks from the date of receipt of a copy of this order, failing which the respondent is entitled for interest at the rate of 7.5% till deposit. On such deposit, the first respondent is permitted to withdraw the entire amount. Award is passed accordingly. http://www.judis.nic.in http://www.judis.nic.in

5.The Tribunal is directed to disburse the award amount to the claimants' Savings Bank Account, through RTGS/NEFT, on proper identification of the account of the claimants in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected miscellaneous petition, if any, is closed.

Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram Counsel for the Appellant(s) Saleena Counsel for Respondent 1 This National 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/Advocates concerned.

Copy to:

1.The Motor Accidents Claims Tribunal, Tiruvannamalai Additional Sub Court, Tiruvannamalai 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 lok/kas CMA.No.2441 of 2016 09.03.2019 http://www.judis.nic.in http://www.judis.nic.in