Themanaging Director v. P.Malar
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 22nd day of December 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members Mrs. Hemalatha Daniel Mr. Nizar Ahamed C.M.A.No.2857 of 2013 [Appeal against the Judgment and Decree passed by the Motor Accidents Claims Tribunal, Principal District Judge, Perambalur, made in MCOP.No.458/2011 dated 10.10.2012] The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram.
.. Respondent/Appellant Vs.
1.P. Malar 2.Minor. Veeramani 3.Minor. Pavithra 4.Minor. Saravanan 5.C. Thangavel 6.T. Pappathi (2 to 4 minor petitioners are rep.
by their natural guardian and N.F. Mother P. Malar) ..Petitioners / Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.K.J. Sivakumar, counsel for the appellant and Mr. S. Kamadevan, 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.6,20,000/- with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.
After due deliberation and consultation, both the parties have settled at Rs.5,70,000/- (Rupees Five Lakhs Seventy Thousand only) with interest at 7.5% per annum from the date of petition till the date of deposit.
The appellant Transport Corporation is directed to deposit the above said modified award amount, 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. The first respondent shall entitled to Rs.1,20,000/-, the second claimant minor Veeramani, the third claimant minor Pavithra, 4th claimant minor Saravanan shall be entitled to Rs.1,00,000/- each. 5th claimant Thangavel, father and the 6th claimant, mother of the deceased shall each entitled to Rs.75,000/- shall be deposited in accordance with the clause 5 of the decree of the Tribunal in a Nationalized Bank with permission to draw interest by the mother once in 6 months directly from the bank for the maintaince of the minors. The Tribunal is directed to follow the instructions given by the High Court with regard to payment to the claimants, without insisting on any formal permission petition.
Award is passed accordingly.
Sd/- The Managing Director, Tamil Nadu State Transport Corporation Ltd., Sd/- Villupuram.
Counsel for the Appellant Sd/- 1)P. Malar Sd/- 2)Minor. Veeramani Sd/- 3)Minor. Pavithra Sd/- 4)Minor. Saravanan Sd/- 5)C. Thangavel
Sd/- 6)T. Pappathi (2 to 4 minor petitioners are rep.
by their natural guardian and N.F. Mother P. Malar) 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.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Sd/- Judge Sd/- Sd/- Member Member ep To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Principal District Judge, Perambalur.
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. +2copies PA(CO) RS(14/02/2017) C.M.A.No.2857 of 2013