The Managing Director v. M.Kavitha
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Saturday, the 11th day of September, 2021 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
1. Mr.K.Balasubramanian
2. Mrs.V.J.Latha C.M.A.No.1245 of 2021 (Appeal against the Judgment and decree passed on 15.11.2019 made in M.C.O.P.No.147 of 2016 on the file of the Motor Accidents Claims Tribunal, (II Court of Small Causes) Chennai). The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 7.
.. Appellant Vs.
1.M.Kavitha 2.Udhayakumar 3.A.Vaishnavi 4.C.Radha 5.C.Balaji 6.P.Prasanthi 7.K.Paunammal (died)
...Respondents
[R7 died memo filed dated 02.09.2021 vide Court order dated 07.09.2021]
On representation of the learned counsel on either side, this case is taken up for settlement before the Lok Adalat. Mr.D.Raghu, learned counsel for the appellant and Mr.Amar. D. Pandiya, learned counsel for the respondents 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.19,20,600/-with interest at 7.5% per annum from the date of petition till the date of deposit with costs as compensation.
2.Both the parties, except R7 are present. R7 is said to have been died.
3.The parties have filed a joint memo of compromise duly signed by them and their Advocates.
4.The Civil Miscellaneous Appeal stands disposed of in terms of the joint memo of compromise. Both the parties have agreed to settle for Rs.19,00,000/- (Rupees Nineteen lakhs only) as full quit. Out of the compensation amount arrived at by compromise, the respondents 1, 2, 3 and 6 shall receive a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each, the 5th respondent shall receive a sum of Rs.5,00,000/- (Rupees Five
Lakhs only) and the balance amount of Rs.6,00,000/- (Rupees Six Lakhs only) shall be received by the 4th respondent, who is the wife of the deceased.
5.The appellant have already deposited a sum of Rs.25,000/- (Rupees Twenty Five Thousand only). The remaining amount of Rs.18,75,000/- (Rupees Eighteen Lakhs and Seventy Five Thousand only) shall be deposited by the appellant to the credit of M.C.O.P.No.147 of 2016 on the file of the Motor Accidents Claims Tribunal, (II Court of Small Causes) Chennai, within a period of eight weeks from the date of receipt of a copy of this order.
6.The joint memo of compromise shall form part of the Award. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 7.
Counsel for the Appellant 1.M.Kavitha 2.Udhayakumar 3.A.Vaishnavi 4.C.Radha 5.C.Balaji 6.P.Prasanthi Counsel for the respondents
This Lok Adalat award is passed in terms of the above settlement. The 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 To The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal,( (II Court of Small Causes) 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. mkn
MALAISUBRAMANIAN, J.(Retd.) mkn C.M.A.No.1245 of 2021 11.09.2021