Nagaraji v. Vijayakumari

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.GOVINDARAJ and Members Mr.Selvadoss (District Judge) Mr.S.Panneerselvam (Advocate) C.M.A.SR.NO.1425 of 2018 (Appeal against the judgment and decree passed on 06.03.2018 made in M.C.O.P.No.7279 of 2015 on the file of the Motor Accident Claims Tribunal, The Principal Special Judge, Special Court under E.C and NDPS Act,Chennai. The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, Kancheepuram Region, Kancheepuram.

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Appellant Vs Kannaiyan ...

Respondent This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for the Appellant and Mr.V.Velu, 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.7,31,400/- (Rupees Seven Lakhs Thirty one Thousand Four Hundred Only), with interest at 7.5% per annum, from the date of petition, till the date of deposit. 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 of the Tribunal to a sum of Rs.8,10,000/- (Rupees Eight Lakhs Ten Thousand Only) in full quit as compensation.

3. The appellant / Transport Corporation is directed to deposit Rs.8,10,000/- (Rupees Eight Lakhs Ten Thousand Only) within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited if any, to the credit of M.C.O.P.No.7279 of 2015, on the file of the Motor Accident Claims Tribunal, The Principal Special Judge, Special Court under E.C & NDPS Act, Chennai. On such deposit being made, the respondent / claimant is permitted to withdraw Rs.8,10,000/- (Rupees Eight Lakhs Ten Thousand Only) on filing proper applications.

4. The Tribunal is directed to transfer the above said award amount to the Bank account of the 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.

The Managing Director, Tamil Nadu State Transport Corporation (VPM) Ltd, Kancheepuram Region, Kancheepuram.

Counsel for the Appellant Kannaiyan 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. Judge Member Member

M. GOVINDARAJ, J.

bri/arb To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, The Principal Special Judge, Special Court under E.C and NDPS Act,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.+2 copies C.M.A.SR.NO.1425 of 2018 13.07.2019