S.Guruprasad v. The Managing Director
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November, 2022 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:
Mr. M. Sambasivam Mr. Sai Srujam Tayi C.M.A.Nos.1580 of 2020 & 2085 of 2022 (Appeal against the judgment and decree passed on 27.11.2019 made in M.C.O.P.No.2896 of 2014 on the file of Motor Accident Claims Tribunal, Principal Special Judge) Chennai.) CMA No. 1580 of 2020 Guruprasad ...Appellant /Versus/ The Managing Director, Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.
... Respondent CMA No. 2085 of 2022 The Managing Director, Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.
... Appellant /versus/ Guruprasad ... Respondent
These appeals are taken up for settlement before this Lok Adalat. Both the parties are present. Mr.S.Ravikumar, learned counsel for appellant in C.M.A.No.1580 of 2020 and respondent in C.M.A.No.2085 of 2022 and Mr.A.Vinoth Raj, learned counsel for the respondent in C.M.A.No.1580 of 2020 and appellant in C.M.A.No.2085 of 2022 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 This is a case of injury. The Tribunal has awarded a sum of Rs.21,48,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the said compensation, the injured claimant has preferred the appeal for enhancement in C.M.A.No.1580 of 2020 and the Transport Corporation has preferred the appeal in C.M.A.No.2085 of 2022 questioning the amount awarded as compensation.
2. After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) in full quit.
3. Therefore, the respondent Transport Corporation is directed to deposit the modified amount of Rs.30,00,000/- within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the appellant / claimant is permitted to withdraw the modified award amount.
4. The Tribunal is directed to transfer the above said award amount to the Bank account of the respondent / claimant by way of NEFT / RTGS, on
proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
5. These Civil Miscellaneous Appeals are disposed of accordingly. Guruprasad Counsel for the Claimant The Managing Director, Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.
Counsel for the Corporation 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 Accident Claims Tribunal, Principal Special Judge, 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
M.DHANDAPANI,J.
mp/rsh/pri C.M.A.Nos.1580 of 2020 and 2085 of 2022 12.11.2022