Madras High CourtCMA/1839/2014settled before the lokadalats

The Managing Director v. Selvam

2015-04-16Honourable Mr Justice M.Thanikachalam (Lok-I)2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 16th day of April 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.THANIKACHALAM (Retd.) and Members Mr.N.Ramachandran Mr.M.Sankar C.M.A.1839 of 2014 (Appeal against the judgment and decree passed on 29.08.2012 made in M.A.C.T.O.P.No.1307 of 2008 on the file of the Motor Accidents Claims Tribunal, I Additional Subordinate Court, Cuddalore) The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram .. Appellant/ Respondent Vs.

Selvam .. Respondent/ Petitioner This case is not listed today. On representation of both parties and counsel for the appellant, this case is taken up for settlement before the Lok Adalat. Mr.K.J.Sivakumar, learned counsel for the appellant and the respondent, party-in-person 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.1,06,280/- with interest at 7.5% per annum from the date of petition, i.e. from 29.04.2008 till payment 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.90,000/- (Rupees Ninety Thousand only) along with interest at 7.5% per annum from the date of petition till the date of deposit as compensation. https://hcservices.ecourts.gov.in/hcservices/

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 respondent / claimant is permitted to withdraw the above said modified award amount without filing any formal petition. Award is passed accordingly.

5. The Tribunal is directed to issue the cheque to the party 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, Sd/ Villupuram Counsel for the Appellant Sd/ Sd/ Selvam 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/- Asst.Registrar /true copy/ Sub Asst. Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, I Additional Subordinate Court, Cuddalore) 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.1839 of 2014 SCD (CO) kk 2/7 https://hcservices.ecourts.gov.in/hcservices/