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Madras High CourtCMA/886/2022settled before the lokadalats

The Managing Director v. Maheswaran

2023-10-14Honourable Mr Justice B. Gokuldas(Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

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.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A.No.886 of 2022 (Appeal against the judgment and decree passed on 20.09.2021 made in M.C.O.P.No.277 of 2013 on the file of the Motor Accident claims Tribunal (Principal Sub Court, Mayiladuthurai).

The Managing Director, Tamil Nadu State Transport Corporation, Railway Station New Road, Kumbakonam.

.. Appellant Vs.

Maheswaran ..

Respondent This case came up for settlement before the National Lok Adalat. Both

the parties are present. The learned counsel for the appellant Mr.L.Ramanathan and the learned counsel for the respondent Mr.C.T.Saravanan 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 Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.3,94,000/- (Rupees Three Lakhs Ninety Four Thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Memo has been filed and recorded. Aggrieved by the award, the appellant has preferred the present appeal. Now settled for Rs.5,47,071/- (Rupees Five Lakhs Forty Seven Thousand Seventy One only) including TDS as full quit. Rs.5,06,365/- (Rupees Five Lakhs Six Thousand Three Hundred Sixty Five only) have been deposited on 21.03.2022 excluding Rs.25,000/- (Rupees Twenty Five Thousand) deposited at the time of appeal. The respondent now as per settlement is entitled to refund Rs.5,47,071/- alone from the depositer. The rest of the amount which is the accrued interest is to be refunded to the appellant / TNSTC.

4. Award is passed accordingly.

5. The Tribunal is directed to issue the award amount through

NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. 6.The appeal is ordered accordingly.

The Managing Director, Tamil Nadu State Transport Corporation, Railway Station New Road, Kumbakonam.

Counsel for the appellant Maheswaran Counsel for the respondent This National Lok Adalat award is passed in terms of the above settlement.

The Court fee 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 Copy to:

1. The Motor Accident claims Tribunal (Principal Sub Court, Mayiladuthurai). 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.

B.GOKULDAS.J, (Retd.) rna C.M.A.No.886 of 2022 14.10.2023