The Managing Director v. Pappa W/O Late Narayanan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Sunday, the 22nd day of April, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by:
The Hon'ble Mr.JUSTICE S.M.SUBRAMANIAM and Members:
Mrs.Kanmani Selvam Mr.M.Baskar C.M.A.No.1147 of 2008 (Appeal against the judgment and decree passed on 07.03.2007 in M.C.O.P.No.3 of 1999 on the file of the Motor Accident Claims Tribunal Subordinate Court, Attur.
The Managing Director, Tamil Nadu State Transport Corporation Limited, Salem.
.. Appellant /versus/
1. Vimala
2. Rajendran
3. Chinnappan
4. Varathan
5. Vasantha
6. Selvaraj
7. The Managing Director, State Express Transport Corporation Limited, Tamil Nadu Division-I, Chennai.
(7th respondent is formal party) .. Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Venkatachalam, learned counsel for the Appellant/Transport Corporation Mr.D.Shivakumaran, learned counsel appearing for the respondents/claimants 1,2,4 and 5 and Mr.S.S.Swaminathan, learned counsel for the respondent No.6 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.87,500/- (Rupees Eighty Seven Thousand and Five Hundred only) with interest at the rate of 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/Tamil Nadu State Transport Corporation Limited, had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to enhanced the award to a sum of Rs.97,700/-(Rupees Ninety Seven thousand and Seven Hundred Only) full quit.
3. The appellant/Tamil Nadu State Transport Corporation Limited, is directed to deposit the above said enhanced award amount of Rs.97,700/-(Rupees Ninety Seven thousand and Seven Hundred Only) full quit, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the entire amount equally, without filing any formal petition. Award is passed accordingly.
4. 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.
The Managing Director, Tamil Nadu State Transport Corporation Limited, Salem.
Counsel for the Appellant
1. Vimala
2. Rajendran
3. Chinnappan
4. Varathan
5. Vasantha
6. Selvaraj 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. Judge Member Member
S.M.SUBRAMANIAM.J av/maya To:The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, Subordinate Court, Attur 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 C.M.A.No.1147 of 2008 22.04.2018