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Madras High CourtCMA/2713/2015settled before the lokadalats

The Managing Director, v. M. Vijayarani,

2017-12-21Honourable Mr Justice S.K. Krishnan (Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 21st day of December, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.K.KRISHNAN(Retd.) and Members Mr.J.D.Rukmangathan Ms.P.Subadhara Devi C.M.A.No.2713 of 2015 (Appeal against the judgment and decree dated 06.04.2015 made in M.C.O.P.No.5974 of 2013 on the file of the Motor Accidents Claims Tribunal (IV Court of Small Causes, Chennai) The Managing Director, Tamilnadu State Transport Corporation, Villupuram Division III, Parandhur Road, Ponnerikarai, Kanchipuram Taluk .. Appellant Vs.

M.Vijayarani .. Respondent This case is not listed today. On representation of the counsel for respondent and Transport Official, this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.P.Pramasivadoss, learned counsel for the appellant and Mr.K.Premkumar, learned counsel for the respondent 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.1,87,200/- with interest at 7.5% per annum from the date of filing of the petition i.e. 30.09.2013 till the date of realization and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.1,45,000/- (Rupees One Lakh Forty Five Thousand only) along with interest at 7.5% per annum from the date of petition till the date of deposit as compensation.

3. The appellant / Transport Corporation is directed to deposit the above said modified award amount, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit, the respondent/claimant is permitted to withdraw the above said modified award amount along with interest without filing any formal petition. Award is passed accordingly.

5. The Tribunal is directed to issue the cheque to the party 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.

Sd/- The Managing Director, Tamilnadu State Transport Corporation, Villupuram Division III, Parandhur Road, Sd/- Kanchipuram Taluk Counsel for the Appellant Sd/- Sd/- M.Vijayarani Counsel for the Respondent 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, (IV Court of Small Causes, Chennai) 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.2713 of 2015 SV(CO0 sm:22.1.2018