Madras High CourtCMA/666/2015settled before the lokadalats

Metropolitan Transport v. M.Selvam

2018-07-25Honourable Mr Justice T.N.Vallinayagam(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 25th day of July, 2018 LOK ADALAT ORDER (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members Mr. M.G.Jayavelu Mr. C.S.SUndarraj C.M.A.No.666 of 2015 (Appeal filed under section 173 of Motor Vehicle Act against the judgment and decree made in M.C.O.P.No.1283 of 2011, dated 17.01.2014 on the file of Motor Accident Claims Tribunal (Vth Small Causes Court), Chennai.

Metropolitan Transport Corporation (Chennai Division) Ltd., Rep. By its Managing Director Pallavan Salai, Chennai-2.

.. Appellant/Respondent Vs.

1. M.Selvam

2. M.Veeramani

3. D.Jothilakshmi .. Respondents/Petitioners This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Sivakumar the learned counsel for Appellant MTC, and the learned counsel for the respondent Mr.N.M.Muthurajan are present. Mr.G.Ravindran, Deputy Manager (Legal), Metropolitan Transport Corporation 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.5,46,000/- 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.7,21,000/- (Rupees Seven Lakhs and Twenty One Thousand only) in full quit.

3. The appellant / Transport Corporation is directed to deposit the above award amount less the amount already deposited within a period of eight weeks from the date of receipt of copy of this order.

4. On such deposit, the respondents / claimants are permitted to withdraw the modified award amount. The award amount shall be divided between the claimants equally. Award is passed accordingly.

5. The Tribunal is directed to issue cheque to the parties 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/- Metropolitan Transport Corporation (Chennai Division) Ltd., Rep. By its Managing Director Sd/- Pallavan Salai, Chennai-2.

Counsel for the Appellant Sd/-

1. M.Selvam Sd/-

2. M.Veeramani Sd/- Sd/-

3. D.Jothilakshmi 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(LA) //True copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal (Vth Court of Small Causes), Chennai.

2. The Secretary, High Court Legal Services Committee, Chennai.

3. The Section Officer, V.R.Section, High Court, Madras. (2 copies)

4. The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.666 of 2015 GMY(15/10/2018)