The Managing Director v. Samundeswari
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.894 of 2023 and C.M.P.No.8307 of 2023 (Appeal against the judgment and decree passed on 12.11.2021 made in M.C.O.P.No.5547 of 2015 on the file of the Motor Accident Claims Tribunal (Principal Special Judge, Special Court under E.C. & NDPS Act), Chennai. The Managing Director, Metropolitan Transport Corporation (Chennai Division) Ltd., Motor T.P. Claims, Pallavan Salai, Chennai 600 002.
.. Appellant Vs.
1. Samundeswari
2. Vignesh (Minor)
3. Vijayalakshmi (Minor)
4. Selvarani (Minor represented by Mother and next friend 1st petitioner) .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Murali Vinodh and the learned counsel for the respondents, Mr.N.M.Muthurajan 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.24,96,150/- (Rupees Twenty Four Lakhs Ninety Six Thousand One Hundred and Fifty Only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.
3. Aggrieved by the award, the appellant/Transport Corporation has preferred the present appeal. Now, the matter has been settled and the claimants/respondents have agreed to receive a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) in full quit, which is also acceptable by the Appellant/Transport Corporation.
4. The Appellant/Transport Corporation has already deposited a sum of Rs.38,86,463/- excluding TDS of Rs.1,48,221/-. Thereby, a sum of RS.8,86,463/- with accrued Bank Interest is to be refunded to the
Appellant/Transport Corporation. The Appellant/Transport Corporation has also filed the Memo with regard to the same.
5. The claimants/respondents are permitted to withdraw the Award amount as per the apportionment awarded by the Tribunal, after deducting the amount already withdrawn by the claimants/respondents, if any. The share of the minors shall be deposited in any Nationalized Bank till the minors are attained majority.
6. 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.
7. The Memo filed by the Appellant/Transport Corporation shall form part of the record. The Appeal is ordered accordingly. Consequently, the connected Miscelleneous Petition, if any, is closed. The Managing Director, Metropolitan Transport Corporation (Chennai Division) Ltd., Motor T.P. Claims, Pallavan Salai, Chennai 600 002.
Counsel for the Appellant
1. Samundeswari
2. Vignesh (Minor)
3. Vijayalakshmi (Minor)
4. Selvarani Counsel for the Respondents 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 Principal Special Judge, Special Court under E.C. & NDPS Act, The Motor Accident Claims Tribunal, 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.
B.GOKULDAS.J, (Retd.) ham C.M.A.No.894 of 2023 and C.M.P.No.8307 of 2023 14.10.2023