The Managing Director v. C.Nandha Kumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of June, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. JUSTICE M.JEYAPAUL (Retd.) AND MEMBERS :

Mr.M.Pughazhendi, District Judge, (Retd.) Mrs.V.Pushpalatha, (Advocate) (Appeal against the judgement and decree, dated 05.06.2020 passed in M.C.O.P.No.293 of 2018 passed by the Special Subordinate Judge, Motor Accidents Claims Tribunal, Erode.) The Managing Director, Tamil Nadu State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai.

... Appellant Vs

1. C.Nandha Kumar

2. P.Karunakaran

3. The National Insurance Company Limited, No.157/1, Deepam Complex, Bharathi Nagar, Near Vasavi College, Suriyampalayam, Erode.

... Respondents 1/5

This case came up for settlement before the Lok Adalat. Both parties present. Mr.K.Kathiresan, learned counsel for the appellant and Mr.S.P.Yuvaraj, learned counsel for the 1st respondent and Mr.D.Bhaskaran, learned counsel for the third respondent are present.

After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : (i) As against the Award passed by the Claims Tribunal for a sum of Rs.6,67,000/- on 05.06.2020, this Appeal has been preferred by the Appellant as excessive.

(ii) The first respondent viz.,C.Nandha Kumar filed a claim petition before the Motor Accident Claims Tribunal, Erode claiming compensation of Rs.10,00,000/- with interest and cost. The Tribunal awarded a sum of Rs.6,67,000/- with interest and cost to the first respondent viz., C.Nandha Kumar. Aggrieved by the award passed by the Tribunal, The Tamil Nadu State Express Transport Corporation Ltd., has preferred an appeal before this Court. (iii) Both the parties having initiated negotiation, successfully arrived at a settlement of all the issues arisen in this case. The appellant viz., the Tamil Nadu State Express Transport Corporation Ltd., has agreed to pay a sum of Rs.9,00,000/- as full quit, after deducting a sum of Rs.25,000/- which was already deposited before the Trial Court. The first respondent viz., C.Nandha Kumar has 2/5

also agreed to receive the said amount, within a period of two months from the date of receipt of a copy of this award.

(iv) Both the parties made a formal request to the Lok Adalat to pass an award in terms of the above settlement.

(v) As a result, the award is passed hereby in terms of the above compromise arrived at between the parties, directing the appellant herein to pay a sum of Rs. 9,00,000/- as full quit, after deducting a sum of Rs.25,000/- which was already deposited before the Trial Court, within a period of two months from the date of receipt of a copy of this award.

(vi) The amount deposited as per the terms of the Lok Adalat be disbursed, to the first respondent viz., C.Nandha Kumar, forthwith. (vii) The Court fee paid by the appellant be refunded. The Managing Director, Tamil Nadu State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai.

Counsel for Appellant

1. C.Nandha Kumar Counsel for the first respondent 3/5

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 71-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 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To: The parties/Advocate concerned Copy to:

1.The Special Subordinate Judge, Motor Accidents Claims Tribunal, Erode.

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 4/5

M.JEYAPAUL, J (Retd.) mn/mrp 14.06.2025 5/5