Madras High CourtCMA/814/2014settled before the lokadalats

The Managing Director v. V.G.Pooja Minor

2016-01-28Honourable Mr Justice P.Thangavel(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat- I organised by the High Court Legal Services Committee Thursday, the 28th day of January, 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.K.Ramasamy Mrs.G.A.Girija C.M.A.No.814 of 2014 (Appeal against the Judgment and decree passed on 25.07.2013 in MCOP.No.913 of 2010 on the file of Motor Accidents Claims Tribunal,(II Court of Small Causes) Chennai). The Managing Director, Tamilnadu State Transport Corporation(VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy, Villupuram. ...Appellant Vs.

V.G.Pooja(minor) rep. by mother G.Jamuna

...Respondent

On representation of the learned counsel for the claimants, this case is taken up for settlement before the Lok Adalat. The learned counsel for the appellant, Mr.K.J.Sivakumar and the learned counsel for the respondent, Mr.S. Harridass, 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 appeal in C.M.A.No.814 of 2014 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No.913 of 2010 on the file of Motor Accidents Claims Tribunal,(II Court of Small Causes) Chennai has been referred to Lok Adalat for conciliation today.

2. Both the parties are present with their respective counsel.

3. The Tribunal has awarded a sum of Rs.1,35,000/- with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. It is represented by the appellant/Transport Corporation that they had deposited only a portion of the award amount in the Tribunal.

4. Aggrieved against the award of the Tribunal, the appellant/Transport Corporation has preferred the present appeal.

5. After great deliberation and discussion, both the parties have compromised the disputed claim at Rs.1,70,000/- (Rupees One Lakh and Seventy Thousands only) in full quit (inclusive of interest).

6. The appellant/Transport Corporation is directed to deposit the compromised award amount within a period of four weeks from the date of receipt of a copy of this order, less the amount already deposited. On such deposit, the share of the minor respondent/claimant shall be deposited in anyone of the nationalised banks in re-investment scheme till she attains majority.

On attaining the age of majority, respondent/claimant is permitted to withdraw the modified award amount on production of age proof certificate before the Tribunal. Award is passed accordingly. Consequently, connected miscellaneous petition, if any, is closed.

7. The Tribunal is directed to issue the cheque to the party concerned on proper identification by their counsel concerned appearing before the Tribunal, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly.

Sd/- The Managing Director, Tamilnadu State Transport Corporation(VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy, Sd/- Villupuram.

Counsel for the Appellant Sd/- V.G.Pooja(minor) Sd/- rep. by mother G.Jamuna Counsel for the Respondent 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 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/- Sd/- Judge Sd/- Member Member Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar 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.+2 copies.

Gv C.M.A.No.814 of 2014 cnr co kra 24.02.2016