Tamilarasi v. The Managing Director
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, 14th September, 2024 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 Mr.M.Sambasivam, District Judge (Retd.) Mr.P.Arasammal, Advocate C.M.A.Nos.3187 of 2021 and 2456 of 2022 (Against the award and decree dated 21.08.2019 passed in M.A.C.T.O.P.No. 748 of 2014 on the file of the Motor Accident Claims Tribunal,Principal District Judge, Perambalur) C.M.A.No.3187 of 2021:
2.Minor.Gunaseelan 3.Minor Manimekalai (2nd and 3rd minor appellants are rep. by N/F mother Tamilarasi) ...Appellants Vs.
The Managing Director, State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002.
...Respondent
C.M.A.No.2456 of 2022:
The Managing Director, State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002.
....Appellant
Vs.
2.Minor.Gunaseelan 3.Minor Manimekalai (2nd and 3rd minor appellants are rep.by N/F mother Tamilarasi)
...Respondents
These cases came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.P.Yuvaraj, leaned counsel for the appellant/respondent in CMA.No.3187 of 2021 and 2456 of 2022 and Mr.K.Kathiresan, the learned counsel for appellant/respondent in CMA.Nos.2456 of 2022 and 3187 of 2021 are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT These Civil Miscellaneous Appeals have been filed by the Appellants/Claimants in CMA.No.3187 of 2021 and Appellant/State Express Transport Corporation, Chennai, in CMA.No.2456 of 2022, aggrieved by the award of the Tribunal granting a sum of Rs.18,84,400/- (Rupees Eighteen Lakhs Eighty Four Thousand and Four Hundred only). The Appellant/State Express Transport Corporation had already deposited Rs.14,74,841/- (Rupees Fourteen Lakhs Seventy Four Thousand Eight Hundred and Forty One only). The State Express Transport Corporation, Chennai, entered into an agreement with the Claimants/Appellants in CMA.No.3187 of 2021 whereby, the State Express Transport Corporation is agreed to deposit Rs.26,50,000/- (Rupees Twenty
Six Lakhs Fifty Thousand only), in full quit, including the amount already deposited, which was accepted by the respondent. 2.It was agreed that the Claimants are entitled to receive a sum of Rs.26,50,000/- (Rupees Twenty Six Lakhs Fifty Thousand only), including the award already deposited by the State Express Transport Corporation.
3.The State Express Transport Corporation Limited, Chennai, is directed to deposit the entire modified award amount, after giving credit to the amount already deposited, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
4.On such deposit, the claimants/appellants 1 to 4 in CMA.No.3187 of 2021 are permitted to withdraw their respective shares as apportioned by this Hon'ble Court. Accordingly, the 1st claimant, Tamilarasi is entitle to withdraw her share of Rs.10,50,000/- and the claimants 2 and 3, namely Minor Gunaseelan and Minor Manimekalai are entitled to Rs.7,50,000/- each and the 4th claimant, Murugesan is entitled to Rs.1,00,000/-. The shares of the minors, claimants 2 and 3 shall be deposited in any one of the nationalised banks till they attain majority. The interest on the said deposit shall be paid quarterly to the mother of the minors, M.Tamilarasi.
5.Award is passed accordingly. Consequently, connected miscellaneous petition, if any, is closed in both Civil Miscellaneous Appeals.
Counsel for the Appellants/Claimants in CMA.No.3187 of 2021 & Respondents in CMA.No.2456 of 2022 The Managing Director, State Express Transport Corporation Limited, No.2, Pallavan Salai, Chennai - 600 002.
Counsel for the respondent in CMA.No.3187 of 2021 & Appellant in CMA.No.2456 of 2022 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.
Judge Member Member
To The parties/Advocate concerned Copy to 1.The Motor Accident 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. ata/nvi
T.N.VALLINAYAGAM (RETD),J.
ata/nvi C.M.A.Nos.3187 of 2021 & 14.09.2024