← Library
Madras High CourtCMA/1896/2017withdrawn dismissed

The Managing Director v. Ramasundar

2018-03-14Honourable 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 Wednesday, the 14th day of March, 2018 LOK ADALAT ORDER (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE MALAI.SUBRAMANIAN (Retd.) and Members Mr. S.Gunaseelan Mr. G.Purushothaman C.M.A.No.1896 of 2017 (Appeal against the judgment and decree in M.C.O.P.No.2455 of 2009, dated 24.07.2013, on the file of the Motor Accidents Claims Tribunal, II Small Causes Court, Chennai. The Managing Director Metropolitan Transport Corporation Chennai Ltd., Anna Salai, Chennai - 2.

.. Appellant/Respondent Vs.

Ramasundar .. Respondent/Claimant This case has not been listed today. Both parties are present.Mr.S.S.Swaminathan counsel for the appellant is Present.Mr.P.K.Ilavazhagan counsel for respondent is 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.7,26,280/- 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.9,40,087/- (Rupees Nine Lakhs Forty Thousand Eighty Seven only) in full quit. It appears that certain amount has already been deposited before the Tribunal by the appellant.

3. The appellant / Transport Corporation is directed to deposit the balance of the agreed amount of Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand only) within a period of eight weeks from the date of receipt of copy of this order.

4. On such deposit, the respondent / claimant is permitted to withdraw the modified award amount. Award is passed accordingly.

5. The Tribunal is directed to issue cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly.

Consequently the connected Miscellaneous Petition is closed. sd/- The Managing Director Metropolitan Transport Corporation Chennai Ltd., Anna Salai, Chennai - 2.

sd/- ..Counsel for the Appellant Vs.

sd/- Ramasundar sd/- ..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 s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal II Small Causes Court, 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.1896 of 2017 SP(02/04/2018)