Sivakami v. The Managing Director

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.Dhandapani and Members Mr.N.Sivathanu Mr.S.Arokiamaniraj C.M.A.NOs.1514 & 1934 OF 2014 (Appeal against the judgment and decree passed on 30.10.2013 made in M.C.O.P.No.414 of 2013 on the file of Motor Accident Claims Tribunal, cum II Additional District Judge, Tindivanam.) C.M.A.No.1514 OF 2014 Sivakami ..

Appellant /versus/ The Managing Director Tamil Nadu State Transport Corporation Villupuram.

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Respondent C.M.A.No.1934 OF 2014 The Managing Director Tamil Nadu State Transport Corporation Villupuram.

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Appellant Vs.

Sivakami ..

Respondent This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for Transport Corporation and Mr.A.Shankaran learned counsel for the claimant 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.3,44,560/- with interest at the rate of 7.5% per annum to the claimants and directed the Transport Corporation herein to deposit the award amount within 30 days from the date of the award. Challenging the said award, the injured and the transport corporation have preferred the appeals.

2.Both the parties are present before us. After due deliberation and consultation, both the parties have agreed to modify the award amount to a sum of Rs.4,31,000/- (Rupees Four Lakhs Thirty One Thousand Only) in full quit and the same is awarded. The Transport Corporation already deposited a sum of Rs.3,31,149/- (Rupees Three Lakhs Thirty One Thousand and One Hundred and Forty Nine Only) and the remaining amount shall be deposited by the Transport Corporation within a period of four weeks from the date of receipt of a copy of this order.

3.The claimant is permitted to withdraw the modified award amount, without filing any formal petition. Award is modified accordingly. 4.The Tribunal is directed to transfer the above award amount to the Bank account of the 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.The Civil Miscellaneous Appeals are disposed of accordingly. No costs. Consequently, connected civil miscellaneous petitions, if any, are closed.

The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd. 3/137, Salamedu, Vazhuthareddy and Post Villupuram Taluk, Tamil Nadu State.

Counsel for the Transport Corporation Sivakami Counsel for the claimant 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 cum II Additional District Judge, Tindivanam.

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.

maya C.M.A.Nos.1514 & 1934 OF 2014 Dated : 09.03.2019