The Managing Director v. V.Ananthakumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th August 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SAKTHIVEL and Members Mr.S.Baskaran (Retired District Judge) Mr.C.S.S.Pillai C.M.A.NO.482 of 2022 (Appeal against the judgment and decree passed on 18.01.2021 made in M.C.O.P.No.2121 of 2017 on the file of Motor Accident Claims Tribunal, Special Sub Judge I, Salem.

The Managing Director, Tamilnadu State Transport Corporation, No.12, Ramakrishna Road, Salem ..

Appellant /versus/ V. Ananthakumar S/o.Varadharaj ..

Respondent This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.D. Nitin, learned standing counsel for appellant/Transport Corporation and Mr.S.Mohanraj, learned counsel for the respondent/claimant 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.4,14,980/-, out of which the appellant/Transport Corporation has to pay Rs.3,52,735/-, being liability of 85%, along with interest at the rate of 7.5 % per annum from the date of petition, till the date of deposit and costs as compensation. Not being satisfied with the award passed by the tribunal, the appellant/Transport Corporation has preferred the present appeal.

2. Based on the stay order passed by this court in CMP.No.3525 of 2022 in CMA.No.482 of 2022 on 10.03.2022, the Transport Corporation has deposited the entire award amount with accrued interest and costs of Rs.4,78,463/-. The respondent/claimant has already withdrawn 50% of the deposited amount of Rs.4,78,463/-, i.e., Rs.2,39,231/-

3. After due deliberation and consultation, both parties have agreed to settle for a sum of Rs.4,28,263/- as full quit. From and out that amount, already, the respondent/claimant has withdrawn a sum of Rs.2,39,231/-. Presently from and out of Rs.2,39,231/-, the respondent/claimant is entitled to withdraw a sum of Rs.1,89,231/- (Rupees one lakh eighty nine thousand two hundred and thirty one only) and the appellant/transport corporation is entitled to withdraw a sum of Rs.50,000/- (Rupees fifty thousand only) I. The respondent/claimant is permitted to withdraw the amount of Rs.1,89,231/- lying in the credit of M.C.O.P.No.2121 of 2017. The appellant/transport corporation is permitted to withdraw the amount of

Rs.50,000/- lying in the credit of MCOP.No.2121 of 2017. II. The Tribunal is directed to transfer the above said award amount to the Bank account of the appellant / transport corporation by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. III. The appellant is entitled to get refund of full court fee as per the rules.

The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., Salem-7.

Counsel for the Appellant Ananthakumar V.

Counsel for the Respondent Judge Member Member

R. SAKTHIVEL, J.

MSR/MFA To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Special Sub Judge I, Salem. 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.482 of 2022 12.08.2023