The Managing Director v. N.Prabhu

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 26th day of February 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members Mr.R.Surya Kumar Mr.Doraiswamy C.M.A.No.3510 of 2014 and M.P.No.1 of 2014 (Appeal against the judgment and decree passed on 15.10.2012 made in M.C.O.P.No.623 of 2008 on the file of the Motor Accidents Claims Tribunal (First Additional Subordinate Court, Cuddalore) The Managing Director, Tamil Nadu State Transport Corporation (VPM) Limited, Division I 3/137 Salamedu, Vazhudhareddy Post, Cuddalore Taluk ... Appellant Vs.

N.Prabu ... Respondent This case is not listed today. By consent of both parties, this case is taken up for settlement before the Lok Adalat. Mr.K.J.Sivakumar, the learned counsel for 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.1,67,300/- with interest at 7.5% per annum from the date of petition, i.e., from 18.03.2008 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.2,15,000/- (Rupees

Two Lakhs Fifteen Thousand only) in full quit as compensation.

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 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. Consequently, connected Miscellaneous Petition is closed, if any. Sd/- The Managing Director, Tamil Nadu State Transport Corporation (VPM) Limited, Division I 3/137 Salamedu, Vazhudhareddy Post, Sd/- Cuddalore Taluk.

Counsel for the Appellant Sd/- Sd/- N.Prabu Party-in-person 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 First 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.No.3510 of 2014 and M.P.No.1 of 2014 SAI(CO) CA(10/03/2015)