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Madras High CourtCMA/2006/2024disposed of

A. Balaji v. The Managing Director

2025-03-08Honourable Mr Justice M.Jeyapaul (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of March, 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 1.Mr.M.Sambasivam, District Judge 2.Mr.S.Krishna Prasad, Advocate C.M.A.No.2006 of 2024 (Against the Judgment and decree passed on 13.10.2022 made in M.C.O.P.No.6632 of 2016 on the file of the Motor Accident Claims Tribunal at Chennai/I Spl Sub Judge, Small Causes Court, Chennai. A.Balaji ... Appellant Vs.

The Managing Director, Metropolitan Transport Corporation Limited, No.2, Pallavan House, Anna Salai, Chennai - 2.

.. Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, M/s.A.Amala and the learned counsel for the respondent Mr.Anton Dhanasekaran is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: 1/4

TERMS OF SETTLEMENT Both the parties and their respective counsel are present. The above appeal has been preferred by the appellant challenging the quantum of amount awarded by the Tribunal.

2. The appellant/A.Balaji, who sustained injury in the accident, filed a case against the respondent before the Trial Court claiming compensation.

3. The Trial Court has awarded a sum of Rs.1,39,700/- with interest and costs. The respondent has paid the entire amount of Rs.1,98,090/- as on 15.03.2024 itself. The appellant herein, aggrieved by the above Award passed by the Trial Court, preferred the present Appeal before this Court.

4. Both the parties having initiated negotiation, successfully arrived at a settlement of all the issues arisen in this case. The respondent has agreed to pay a sum of Rs.1,50,000/- in full quit over and above the Award amount passed by the Trial Court within a period of four weeks from the date of receipt of the order passed by the Lok Adalat and the appellant has agreed to receive the said amount in full quit.

5. Both the parties have made a formal request before this Court to pass an Award in terms of the above settlement.

6. As a result, award has been passed hereby in terms of the settlement arrived at between the parties, directing the respondent to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full quit within a period of four weeks from the date of receipt of a copy of this order over and above the sum of Rs.1,98,090/- (Rupees One Lakh Ninety Eight Thousand and Ninety only), which was already paid in terms of the Award passed by the trial Court. 2/4

7. Consequently, the appeal stands disposed of. The Court fee paid by the appellant to be refunded.

8. The petitioner is permitted to withdraw his respective award amount. The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. A.Balaji Counsel for the Appellant The Managing Director, Metropolitan Transport Corporation Limited, No.2, Pallavan House, Anna Salai, Chennai - 2.

Counsel for the Respondent 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 Motor Accident Claims Tribunal at Chennai/I Spl Sub Judge, Small Causes Court, 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 3/4

M.JEYAPAUL (Retd.) kak/jas C.M.A.No.2006 of 2024 08.03.2025 4/4