The M.D., Tamil Nadu State v. Gomathi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Monday, the 21st day of September 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU(Retd.) and Members Miss.V.Akalya Mr.S.Rajeswaran C.M.A.No.2559 of 2007 and M.P.No.2 of 2007 (Civil Miscellaneous Appeal filed against the award and decree passed on 30.09.2003 made in M.C.O.P.No.294 of 1997, on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri.) The Managing Director, Tamil Nadu State Transport Corporation, Bharathipuram, Dharmapuri.

Formerly Known as Annai Sathya Transport Corporation Cause Title accepted vide order of Court, dated 26.09.2007 made in C.M.P.No.1 of 2007 in C.M.A.Sr.44024 of 2005 .. Appellant Vs.

Gomathi .. Respondent This case came up for settlement before the Lok Adalat. Mr.A.Madalai Muthu, Superintendent of TNSTC, Salem is present. The learned counsel for the appellant Mr.D.Venkatachalam and the learned counsel for the respondent Mr.M.Selvam 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.1,60,500/- with interest at 9% per annum as compensation from the date of filing of application till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal. The appellant / Transport Corporation official reported that they had already deposited the entire award amount before the Tribunal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of deposit as compensation. https://hcservices.ecourts.gov.in/hcservices/

3. Out of the deposited amount, the respondent/claimant is permitted to withdraw the modified award amount without filing any formal petition before the Tribunal. After satisfaction of the decree, if balance is available with the Tribunal, it shall be refunded to the appellant/Transport Corporation. Award is passed accordingly.

4. The Tribunal is directed to issue the cheques to the parties concerned 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 connected the Miscellaneous Petition is closed. Sd/- The Managing Director, Tamil Nadu State Transport Corporation, Sd/- Bharathipuram, Dharmapuri.

Counsel for the Appellant Sd/- Sd/- Gomathi Counsel for the Respondent This 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. Sd/- Judge Sd/- Sd/- Member Member Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal, Additional District Court, 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.2559 of 2007 vsn co, kra 12/10 and M.P.No.2 of 2007 https://hcservices.ecourts.gov.in/hcservices/