V.Mohan v. The Managing Director
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.GOVINDARAJ and Members Mr.A. Selvadoss (District Judge) Mr.S.Panneerselvam (Advocate) C.M.A.Nos.1701 and 2313 of 2018 & CMP NO.17686 of 2018 (Appeals against the judgment and decree passed on 28.3.2018 made in M.C.O.P.No.9239 of 2015 on the file of the Motor Accident Claims Tribunal, The Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai. V.Mohan ...
Appellant in CMA.No.1701 of 2018 /respondent in CMA.No.2313 of 2018 Vs The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd, Villupuram ...
Respondent in CMA.1701 of 2018/appellant in CMA.No.2313 of 2018 This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.M.Swamikkannu, learned counsel for the Appellant/claimant and Mr. K.J.Sivakumar, learned counsel for the respondent/Transport Corporation 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.13,29,000/-, with interest at 7.5% per annum, from the date of petition, till the date of deposit. Aggrieved by the award of the Tribunal, the appellant/claimant had preferred CMA.No.1701 of 2018 claiming enhancement and the Transport Corporation has preferred CMA.No.2313 of 2018 claiming reduction of the award amount.
2. After due deliberation and consultation, both the parties have agreed to modify the award of the Tribunal to a sum of Rs.15,00,000/- (Rupees fifteen lakhs
Only) in full quit as compensation.
3. The respondent/Transport Corporation is directed to deposit Rs.14,75,000/- (Rupees fourteen lakhs seventy five thousand only) within a period of twelve weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.9239 of 2015, on the file of the Motor Accident Claims Tribunal, The Principal Special Judge, Special Court under E.C. & NDPS Act, Chennai. On such deposit being made, the claimant/appellant in CMA.No.1701 of 2018 is permitted to withdraw Rs.15,00,000/- which is inclusive of statutory deposit of Rs.25,000/- (Rupees twenty five thousand only) already made, on filing proper applications.
4. The Tribunal is directed to transfer the above said award amount to the Bank account of the appellant in CMA.No.1701 of 2018 / claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
5. The Civil Miscellaneous Appeals are disposed of accordingly. No costs. Consequently, connected civil miscellaneous petitions are closed. Appellant in CMA.No.1701 of 2018 Counsel for the Appellant/claimant The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd, Villupuram Counsel for the respondent/Transport Corporation 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 To:The parties/Advocate concerned Copy to:
1.Motor Accident Claims Tribunal, The Principal Special Judge, Special Court under E.C. & NDPS Act, 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 msr/ksa 2
M. GOVINDARAJ, J.
msr/ksa 2 C.M.A.Nos.1701 and 2313 of 2018 & CMP NO.17686 of 2018 13.07.2019