Madras High CourtCMA/486/2015settled before the lokadalats

The Managing Director v. Rama. Velan

2015-03-26Honourable Mr Justice Malai. Subramanian (Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 26th day of March, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members Mrs.Dr.R.Gouri Mrs.G.Maragatham C.M.A.No.486 of 2015 and M.P.Nos.1 & 2 of 2015 (Appeal against the judgment and decree passed on 21.03.2014 made in M.C.O.P.No.800 of 2013 on the file of the Motor Accidents Claims Tribunal (Special Sub Court), Thiruvannamalai The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Division - I, Thiruvannamalai Region, Having their office at Thandarambattu road, Thiruvannamalai Town and District.

... Appellant/Respondent Vs.

1.Rama Velan 2.R.Panneerselvam 3.R.Ravi ... Respondents/Petitioners On representation of the counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both parties are present.

Mr.P.Vishnu, Deputy Manager (HRD) for the appellant/Transport Corporation and the learned counsel for the appellant Mr.K.J.Sivakumar and the learned counsel for the respondents 1 to 3 Mr.B.Jawahar 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.3,69,000/-- with interest at 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 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.3,60,000/- (Rupees Three Lakhs Sixty Thousand only) in full quit 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 respondents 1 to 3 are entitled to withdraw the modified award amount in equal share without filing any formal petition before the Tribunal. Award is passed accordingly.

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. Sd/- The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Division - I, Thiruvannamalai Region, Having their office at Thandarambattu road, Sd/- Thiruvannamali Town and District.

Counsel for the Appellant Sd/- 1.Rama Sd/- 2.R.Panneerselva Sd/- Sd/- 3.R.Ravi Counsel for the Respondents 1 to 3 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(Lok Adalat) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, (Special Sub Judge), Thiruvannamalai.

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.486 of 2015 and M.P.Nos.1 & 2 of 2015 GR(CO) CA(10/04/2015)