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Madras High CourtCMA/637/2023settled before the lokadalats

The Managing Director v. R.Anand

2024-06-08Honourable Mr Justice K.Kumaresh Babu5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June, 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 K.KUMARESH BABU and Members Mr.N.Balasubramanian, District Judge (Retired) Mrs.S.Jayakumari, Advocate C.M.A.No.637 of 2023 (Appeal against the judgment and decree passed on 31.03.2021 in MCOP No.4359 of 2015 on the file of the Motor Accident Claims Tribunal, (Principal Special Judge) (Special Court under EC and NDPS Act at Chennai.

The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Villupuram) Division, Vellore Region, Vellore.

.. Appellant/Respondent Vs 1.R.Anand 2.A.Kokila 3.A.Sophiya .. Respondents/Petitioners This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.T.Chandrasekaran, the learned counsel for the appellant and Mr.V.P.Munusamy learned counsel for the respondents 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 This appeal has been filed by the State Transport Corporation challenging the award dated 31.03.2021, for a sum of Rs.17,97,000/- (Rupees Seventeen Lakhs Ninety Seven Thousand only) with interest at 7.5% from the date of petition till the date of realization.

2. The learned counsel appearing for the appellant Transport Corporation and the learned counsel appearing for the respondents/claimants are present before the Lok Adalat. The Tribunal has awarded a sum of Rs.17,97,000/- (Rupees Seventeen Lakhs Ninety Seven Thousand only) with interest at 7.5% from the date of petition till the date of realization. Against which the Appellant/Transport Corporation has preferred this Appeal. The appellant/Transport Corporation and the respondents are present. The respondents and the appellant have agreed to settle the entire dispute by way of full quit for a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only). The first and second respondents are entitled to a sum of Rs.10,00,000/- each (Rupees Ten Lakhs Only) and the third respondent is entitled to a sum of Rs.5,00,000/- (Rupees Five Lakhs Only).

3. Accordingly, the sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) less already deposited amount shall be deposited before the Motor Accident Claims Tribunal, (Principal Special Judge) (Special Court under EC and NDPS Act at Chennai to the credit of MCOP No.4359 of 2015, within a period of Eight (8) weeks from the date of receipt of a copy of this order.

The Managing Director,

Tamil Nadu State Transport Corporation Ltd., (Villupuram) Division, Vellore Region, Vellore.

Counsel for the appellant/ Transport Corporation 1.R.Anand 2.A.Kokila 3.A.Sophiya Counsel for Respondents/Claimant This National Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under 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 Accident Claims Tribunal, (Principal Special Judge) (Special Court under EC and NDPS Act at Chennai

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. K.KUMARESH BABU, J Gba/pbn C.M.A.No.637 of 2023

08.06.2024