Madras High CourtCMA/859/2018settled before the lokadalats

The Managing Director v. Vijayalakshmi

2018-06-22Honourable Mr Justice M. Vijayaraghavan (Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 22nd day of June 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.VIJAYARAGHAVAN(Retd .) and Members Mr.N.Mohandoss Mr.G.Purushothaman CMA.No.859 of 2018 & CMP.No.7100 of 2018 (Appeal against the judgment and decree dated 25.01.2017 made in M.C.O.P.No.132 of 2016 on the file of the Motor Accidents Claims Tribunal, (District Judge, Nagapattinam). The Managing Director Tamilnadu State Transport Corporation Kumbakonam Town and Taluk, Thanjavur District.

.. Appellant Vs.

1.Vijayalakshmi

2. Pattu (Died)

3. S.Sivanantham

4. S.Baladhandaudham

5. S.Rajalakshmi (Respondents 3 to 5 are impleaded as the LRs of the deceased 2st respondent as per order dated 22.06.2018 in the memo.

.. Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The learned counsel for the appellant Mr.G.B.Rajesh for D.Venkatachalam and the learned counsel for the respondents M/s.A.Salomi and P.Sathish Prabu 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.14,81,000/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Transport Company had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to sum of Rs.15,50,000/- (Rupees fifteen lakhs fifty thousand only) in full quit and the memo filed to this effect by both sides is recorded.

3. The appellant / Transport company is directed to deposit the above said modified award amount of Rs.15,50,000/- (Rupees fifteen lakhs fifty thousand only) in full quit, the appellant/Transport Corporation is directed to deposit the entire 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, failing which the Transport Corporation shall pay interest @ 7.5% per annum from this date till the date of deposit.

4. On such deposit, of the award amount as stated above is apportionment as hereunder:

1st respondent, is permitted to withdraw a sum of Rs.10,70,000/- 3rd respondent, is permitted to withdraw a sum of Rs.1,60,000/- 4th respondent, is permitted to withdraw a sum of Rs.1,60,000 /- 5th respondent, is permitted to withdraw a sum of Rs.1,60,000 /- The respondents/claimants 1,3,4 & 5 are permitted to withdraw their respective shares on due applications in one instalment. Award is passed accordingly.

5. The Tribunal is directed to permit the claimants to submit applications for withdrawal of the deposited amount and on submission of such applications, the Tribunal shall permit them to withdraw the said amount through RTGS. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous petition is closed.

Sd/- The Managing Director Tamilnadu State Transport Corporation Kumbakonam Town and Taluk, Sd/- Thanjavur District.

Counsel for the Appellant Sd/- Vijayalakshmi Sd/- S.Sivanantham

Sd/- S.Baladhandaudham Sd/- S.Rajalakshmi Sd/- Counsel for the Respondents 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/- Assistant Registrar //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, (District Judge, Nagapattinam).

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 KS(CO) sm:11.7.2018 CMA.No.859 of 2018 & CMP.No.7100 of 2018