The Managing Director v. Raja
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 Honourable Mr.Justice M.Dhandapani and Members:
Ms.D.Shantha Kumari Ms.V.J.Latha C.M.A.No.838 of 2018 (Appeal against the judgment and decree passed by the Motor Accidents Claims Tribunal, Additional Subordinate Judge, Mayiladuthurai, in M.C.O.P.No.60 of 2015 dated 24.10.2017).
The Managing Director, Tamil Nadu State Transport Corporation, New Railway Station Street, Kumbakonam - 612 001.
... Appellant /versus/ 1.Raja 2.Krishnaveni 3.Vijayakumari 4.Minor Navadeep Minor represented by his mother and next friend Vijayakumari ... Respondents The case is not listed today. With the consent of both the parties, the case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.D.Venkatachalam, learned counsel for appellant/ transport corporation and Mr.V.Dhakshinamurthy, learned counsel for the respondents 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.25,82,000/- with interest at the rate of 7.5% per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the award, the appellant/transport corporation has preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to an modified award amount of Rs.27,50,000/- (Rupees twenty seven lakhs and fifty thousand only) in full quit (inclusive of interest), as compensation and the same is awarded accordingly.
3.The appellant/transport corporation is directed to deposit the above said modified award amount of Rs.27,50,000/- (Rupees twenty seven lakhs and fifty thousand only), in full quit, (inclusive of interest), after deducting the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. Out of the said sum, the respondents 1 and 2 are entitled to a sum of Rs.2,50,000/- (Rupees Two lakhs and fifty thousand only) each, the third respondent is entitled to a sum of Rs.12,50,000/- (Rupees Twelve lakhs and fifty thousand only) and the fourth respondent is entitled to a sum of Rs.10,00,000/- (Rupees Ten Lakhs only). On such deposit, the respondents 1 to 3 are permitted to withdraw the enhanced award amount, less the amount already withdrawn, if any, without filing any formal petition. The share of the minor fourth respondent shall be deposited in any one of the Nationalized Bank till he attain the majority and the third respondent is permitted to withdraw the accrued interest once in three months.
4. The Tribunal is directed to issue the cheques to the respondents, 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. Consequently, connected Miscellaneous Petition is closed, if any. No costs. The Managing Director, Tamil Nadu State Transport Corporation, New Railway Station Street, Kumbakonam - 612 001.
Counsel for the appellant 1.Raja 2.Krishnaveni 3.Vijayakumari 4.Minor Navadeep 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 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Additional Subordinate Judge, Mayiladuthurai. 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
M.DHANDAPANI, J.
pri C.M.A.No.838 of 2018 22.04.2018