The General Manager v. E.Thangaraj

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of March, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.M.SAMBASIVAM Mrs.K.AKILANDESHWARI CMA No.1403 of 2021 Appeal against the Judgment and decree dated 19.11.2019 passed in M.C.O.P.No.152 of 2017 on the file of the Motor Accidents Claims Tribunal, II Additional District Judge, Vellore @ Ranipet. The General Manager, Tamil Nadu State Transport Corporation Limited, Vellore, Vellore District.

...Appellant Vs.

1. E.Thangaraj

2. S.Thamizharasi

3. Vigneshwaran

4. S.Dhatchayini

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.C.S.K.Sathish, learned counsel for appellant/Transport Corporation and Mr.M.Lokesh, 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.12,24,200/- with interest at

7.5% per annum from the date of petition till the date of decree 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.13,60,000/- (Rupees Thirteen Lakhs and Sixty Thousand only) in full quit (inclusive of interest) as compensation.

3. The appellant /Transport Corporation is directed to deposit the above said accepted award amount of Rs.13,60,000/- (Rupees Thirteen Lakhs and Sixty Thousand only), after deducting the amount already deposited if any, within a period of twelve weeks from the date of receipt of a copy of this award.

4. The modified amount shall be apportioned among the claimants / respondents 1 to 4 as follows:- R1 - Rs.6,80,000/- R2 - Rs.3,80,000 R3 - Rs.1,50,000/- R4 - Rs.1,50,000/-

5. On such deposit, the claimants/respondents are permitted to withdraw the modified amount without filing any formal petition. Award is passed accordingly.

6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. The connected miscellaneous petition is closed, if any.

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. Judge Member Member The General Manager, Tamil Nadu State Transport Corporation Limited, Vellore, Vellore District.

Counsel for the Appellant

1. E.Thangaraj

2. S.Thamizharasi

3. Vigneshwaran

4. S.Dhatchayini Counsel for the respondents To:

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, II Additional District Judge, Vellore @ Ranipet. 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 kmi/ms

B.GOKULDAS,J. (Retd.) kmi/ms CMA No.1403 of 2021 12.03.2022