The Managing Director v. Lalitha

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Monday, the 02nd day of November 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.GNANAPRAKASAM(Retd.) and Members Mr.P.Subburaj Mrs.Nirmala Kumari C.M.A.No.796 of 2015 and M.P.No.1 of 2015 (Appeal against the judgment and decree dated 20.03.2013 made in M.C.O.P.No.324 of 2011 on the file of the Motor Accidents Claims Tribunal, District Judge, Thiruvannamalai) The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem - 7.

Regional Office at Bharathipuram, Dharmapuri - 5.

.. Appellant/Respondent (Lower Court) Vs.

1.Lalitha 2.Rajakannu .. Respondents/Petitioner This case came up for settlement before the Lok Adalat. Both parties are present. Mr.D.Venkatachalam, learned counsel appearing for appellant and Mr.B.Jawahar, learned counsel appearing for the respondents 1 & 2 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.5,71,000/- 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 has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.6,35,000/- (Rupees six lakhs thirty five thousand only) in full quit (inclusive of interest) 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, failing which, this amount shall carry interest at the rate of 7.5% per annum from this date till the date of deposit.

4. On such deposit, the respondents /claimants are permitted to withdraw the modified award amount in equal share without filing any formal petition. 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem - 7.

Regional Office at Sd/- Bharathipuram, Dharmapuri - 5.

Counsel for the Appellant Sd/- 1.Lalitha Sd/- Sd/- 2.Rajakannu Counsel for the Respondents 1 & 2 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,District 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.796 of 2015 and M.P.No.1 of 2015 rv[co] srg 23/11/2015