The Managing Director v. Ramalingam
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B. GOKULDAS (Retd.) AND Members Dr.T.Sankaranarayana Pillai, District Judge (Retd.) Mr.S.Gunaseelan, Advocate C.M.A.No.2429 of 2024 (Appeal against the judgment and decree passed on 20.01.2020 made in M.C.O.P.No.553 of 2014 on the file of the Motor Accident Claims Tribunal/ Special Subordinate Judge, Dharmapuri) The Managing Director Tamil Nadu State Transport Corporation Ltd.
Railway Station New Road, Kumbakonam 612 001 ... Appellant Vs 1.Ramalingam 2.Thirunavukkarasu 3.National Insurance Co. Ltd., Branch Manager No.6/36, Cuddalore Main Road Ranipet, Attur 636 102 ... Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.C.Senapathi, learned counsel for the Appellant and Mr.S.Karal Marx, learned counsel for the 1st 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.4,96,483/-, with interest at 7.5% per annum, from the date of petition till the date of realisation. 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 settle the award to a sum of Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand Only) in full quit as compensation. It is stated that a sum of Rs.25,000/- has been already deposited to the credit of M.C.O.P.No.553 of 2014, on the file of the Motor Accident Claims Tribunal/ Special Subordinate Judge, Dharmapuri.
3. Hence, the appellant/ Transport Corporation is directed to deposit the balance amount of Rs.9,35,000/- (Rupees Nine Lakhs Thirty Five Thousand only) now arrived at today within a period of three months from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.553 of 2014, on the file of the Motor Accident Claims Tribunal/ Special Subordinate Judge, Dharmapuri. On such deposit being made, the 1st respondent/ claimant is permitted to withdraw the entire award amount on filing proper applications.
4. The Tribunal is directed to transfer the above said award amount to the Bank account of the 1st respondent/claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
5. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition is closed. The Managing Director TNSTC, Kumbakonam Counsel for the Appellant Ramalingam Counsel for the 1st 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 gya/stn
B. GOKULDAS (Retd.) stn To:The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, Dharmapuri/Special Subordinate Judge, Dharmapuri.
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.2429 of 2024 14.12.2024