The Managing Director v. Minor Bharanidharan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of September, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Ms. Justice P.T.ASHA and Members: Ms.Ahaiya, [District Judge., Retd.,] Mrs.S.Jayakumari, Advocate.

C.M.A.No.1897 of 2007 (Appeal against the Judgment and decree passed by the Motor Accidents Claims Tribunal, Additional District Judge(FTC), Dharmapuri in M.C.O.P.206 of 2004 dated 10.10.2006) The Managing Director, Tamil Nadu State Transport Corporation Ltd, Division-II, Dharmapuri.

.. Appellant Vs.

Minor Bharanidharan, S/o. R.Ravindran, Minor Respondent Represented by its Next friend, R.Ravindran At 39-A, Bazaar Road, Marandhalli Town & Post, Palacode Taluk, Dharmapuri District .. Respondent Both the parties are present,, Mr.Venkatachalam, learned counsel for the appellant and Ms.S.Pavithra, learned counsel for the respondent are present. After

mutual discussion, negotiation, mediation and conciliation between both parties, parties have arrived at a compromise to settle the matter as follows: ---- TERMS OF SETTLEMENT The above CMA has been filed challenging the award in M.C.O.P. No. 206 of 2004 filed in Motor Accident Claims Tribunal, Dharmapuri, the Tribunal has awarded a sum of Rs.1,05,270/- together with interest at the rate of 7.5% per annum. The Transport Corporation which is the appellant has deposited a total sum of Rs.1,00,054/-. As per the award the claimant is entitled to a sum of Rs.2,23,215/-. 2.Today when the matter is posted before the Lok Adalat, the parties have entered into an agreement, in and by which the claimant has agreed to receive a sum of Rs.2,00,000/- towards full quit of his claim. 3.The sum of Rs.1,00,054/- has already been deposited. The balance amount over and above the accrued interest shall be deposited within a period of 6 weeks. On such deposit, the claimant is entitled to withdraw the amount, without filing any formal petition.

4.When the claim petition and the appeal was filed, the claimant was shown as a minor. He has since become a major, having born on 24.08.1997, the claimant is declared as a major. Necessary memo has been filed by the counsel for the claimant. The memo is recorded.

5.The Tribunal is directed to transfer the award amount to the claimant's Savings Bank Accounts, through RTGS, on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed. The Managing Director, Tamil Nadu State Transport Corporation Ltd, Division-II, Dharmapuri.

... Counsel for the Appellant Minor Bharanidharan, S/o. R.Ravindran, Minor Respondent Represented by its Next friend, R.Ravindran ... Counsel for the Respondent 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

P.T.ASHA.J msvm To :

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Additional District Judge (FTC), Dharmapuri.

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.1897 of 2007 Dated:08.09.2018