Madras High CourtCMA/438/2016settled before the lokadalats

Sundari v. The Managing Director

2017-12-09Honourable Mr Justice S.M. Subramaniam2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of December 2017 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.M.SUBRAMANIAM and Members Mr.R.Jayaratchakan Mr.V.Kumaravelan C.M.A.No.438 of 2016 (Appeal against the judgment and decree passed on 25.09.2015 in M.C.O.P.No.689 of 2014 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Namakkal.)

1. Sundari

2. Kannan

3. Amudha

4. Gayathri ..Appellants /vs/ The Managing Director Tamil Nadu State Transport Corporation Ltd., Divisional Office-1, No.12, Ramakrishna Road Salem.

..Respondent This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.Sidheswaran, learned counsel for appellants and Mr.D.Venkatachalam, 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.11,28,000/- along with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the appellants preferred this Appeal.

2. The respective parties have agreed to settle the award amount by reducing 10% from the total award amount along with full cost (inclusive of interest).

3. Thus, the Transport Corporation has to deduct 10% of the total award amount along with interest and deposit the same, within a period of eight weeks from the date of receipt of this award.

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4. On such deposit, the claimants are directed to withdraw the entire agreed amount, forthwith. Accordingly, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petitions are closed, if any.

1. Sundari

2. Kannan

3. Amudha

4. Gayathri Counsel for the Appellants The Managing Director Tamil Nadu State Transport Corporation Ltd., Divisional Office-1, No.12, Ramakrishna Road Salem.

Counsel for 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.

Judge Member Member To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Additional District Judge, Namakkal. 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.438 of 2016 http://www.judis.nic.in