The Managing Director v. M.Shanthi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th August 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SAKTHIVEL and Members Mr.S.Baskaran (Dist. Judge, Retd.) Mr.C.S.S.PILLAI C.M.P.NO.12445 OF 2023 in C.M.A.SR.No.69769 of 2023 (Appeal against the judgment and decree passed on 28.07.2022 made in M.C.O.P.No.544 of 2014 on the file of Motor Accident Claims Tribunal, Subordinate Court, Tiruchengode.) The Managing Director, TamilNadu State Transport Corporation Ltd., Ramakrishna Salai, Salem-7.

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Appellant /versus/ 1.M.Shanthi D/o.Late Mani 2.M.Sivakumar S/o. Late Mani ..

Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.D.Nitin, learned counsel for appellant/claimant and Mr.G.Santhanu for Mr.T.L.Thirumalaisamy, learned counsel for the respondents are present. After mutual discussion, negotiation, the following award is passed:

TERMS OF SETTLEMENT The Motor Accident Claims Tribunal, Subordinate Court, Tiruchengode passed an award on 28.07.2022 in M.C.O.P.No.544 of 2014 for a sum of Rs.7,60,000/- with 7% interest from the date of filing of petition till the date of realization. Feeling aggrieved with the said award, the Tamil Nadu State Transport Corporation Ltd., Salem, preferred this Civil Miscellaneous Appeal and the matter has been referred to Lok Adalat and the matter has now been taken before this Coram.

2.Today, both parties are present with their respective counsels. Both parties have agreed to settle the matter in the following terms: (i) As against the award amount of Rs.7,60,000/- with 7% interest, passed by the Motor Accident Claims Tribunal, Subordinate Court, Tiruchengode, in M.C.O.P.No.544 of 2014, today, both the parties have agreed to settle for a sum of Rs.10,48,000/- (Rupees Ten Lakhs Forty Eight Thousand Only) as full quit;

(ii) It is represented that a sum of Rs.25,000/- has already been deposited which is lying to the credit of M.C.O.P.No.544 of 2014 on the file of Tribunal;

(iii) Therefore, the appellant agreed to deposit the balance amount of Rs.10,23,000/- (Rupees Ten Lakhs Twenty Three Thousand Only) before the Motor Accident Claims Tribunal, Subordinate Court, Tiruchengode, to the credit of in M.C.O.P.No.544 of 2014;

(iv) The appellant / Tamil Nadu State Transport Corporation Ltd., Salem, shall deposit the above agreed amount before the Tribunal on or before 30.09.2023, failing which, the respondents / claimants are entitled to get 12% interest on the agreed amount i.e., Rs.10,23,000/- from 30.09.2023 till the date of realisation;

(v) Upon such deposit, the respondents / claimants are entitled to withdraw their respective shares as per the procedure. (vi) The TamilNadu State Transport Corporation Ltd., Salem is entitled to refund of Court Fee as per the Rules. Award is passed with the above terms.

The Managing Director, TamilNadu State Transport Corporation Ltd., Ramakrishna Salai, Salem-7.

Counsel for the Appellant 1.M.Shanthi D/o.Late Mani 2.M.Sivakumar S/o. Late Mani Counsel for the Respondents Judge Member Member

R.SAKTHIVEL, J.

TK To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Subordinate Court, Tiruchengode. 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.P.NO.12445 OF 2023 in C.M.A.SR.No.69769 of 2023 12.08.2023