Madras High CourtCMA/719/2017disposed of

The General Manager v. Rajeswari

2018-07-14Honourable Dr. Justice S. Vimala4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th Day of July, 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE Hon'ble Dr.JUSTICE S. VIMALA and Members Mr.R.Jeyaratchakan Mr.V.T.Balaji Civil Miscellaneous Appeal No. 719 of 2017 & C.M.Ps. if any.

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the Judgement and decree, dated 01.10.2013 made in M.C.O.P.No.61 of 2011 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Cheyyar.

The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Division No.1, Tiruvannamalai Region ...Appellant/Respondent before the Tribunal versus 1.Rajeswari 2.Sivakumar 3.Rubini 4.Sathasivam 5.Selviamman (died) ...Respondents/claimants

This CMA came up for settlement before the National Lok Adalat. Both the Parties are present. Mr.K.J.Sivakumar, learned standing counsel for the appellant / Transport Corporation and Mr.K.Aranganathan, learned counsel for the respondents / claimants 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 Civil Miscellaneous Appeal has been filed by the Transport Corporation. Since both the parties have consented to take up the CMA for final disposal, this CMA is taken up for final disposal.

2. The Legal Representatives of the deceased, Munusamy, have filed a claim petition in M.C.O.P.No.61 of 2011 before the Motor Accident Claims Tribunal, Subordinate Court, Cheyyar, claiming compensation of Rs.7,00,000/-. As against the claim made, the Tribunal has passed an award for a sum of Rs.6,67,500/-, payable with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. Challenging the award as excessive, the Transport Corporation has filed this appeal. 3.Now, both the parties have agreed to modify the Award to a sum of Rs.9,67,500/- in full quit (inclusive of interests and costs). Hence, there shall be an award for a sum of Rs.9,67,500/- (Rupees nine lakhs sixty seven thousand and five hundred only) in full quit.

4. It is represented by the learned counsel appearing for the appellant / Transport Corporation that the appellant has already deposited a sum of Rs.6,67,500/-. Hence, the Transport Corporation is directed to deposit the modified amount of Rs.9,67,500/- (in full quit), less the amount already deposited, if any, within a period of eight weeks from the date of

receipt of a copy of this award. On such deposit being made, the claimants / major respondents are entitled to withdraw the compensation amount, as per the ratio f apportionment mad by the claims Tribunal. The Award is passed accordingly.

5. The Tribunal is directed to transfer the compensation amount to the (major) claimants' Savings Bank Accounts, through RTGS, on proper identification in accordance with the terms of the award, without insisting on any formal petition.

6. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed. The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Division No.1, Tiruvannamalai Region ...Counsel for the Appellant / Respondent before the Tribunal versus 1.Rajeswari 2.Sivakumar 3.Rubini 4.Sathasivam ...Respondents/claimants ...Counsel for the Respondents / claimants This Lok Adalat Award is passed in terms of the above settlement. The Court Fees 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 (through Lok Adalat) Copy to:

1.Motor Accident Claims Tribunal, Special Sub Court, Cheyyar 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, Lok Adalat Section, High Court, Madras. 4.The SO, VR Section, High Court, Madras.