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Madras High CourtCMA/1420/2021settled before the lokadalats

The Managing Director v. Manimegalai

2023-02-11Honourable Mr Justice B. Gokuldas(Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of FEBRUARY, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.V.ARUMUGAM, District Judge (Retd) Mrs.VIJAYALAKSHMI K.RAJARATNAM CMA No.1420 of 2021 Appeal against the Award and decree dated 05.09.2019 passed in M.C.O.P.No.169 of 2016 on the file of the Motor Accident Claims Tribunal - 1 (Special District Court), Tiruvallur.

The Managing Director Tamilnadu State Transport Corporation Ltd., Villupuram, Kancheepuram.

...Appellant Vs.

1.Manimegalai W/o Late Govindasamy 2.Vijay S/o Late Govindasamy 3.Vinoth S/o Late Govindasamy 4.Priya D/o Late Govindasamy 5.Minor Saravanan S/o Late Govindasamy Minor represented by their mother and Natural Guardian, the 1st respondent - Mrs.Manimegalai 6.Amirtham W/o Nagappa Reddy

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.C.R.Suresh Kumar, learned counsel for appellant/Transport Corporation and Ms.Maheswari, learned 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.16,36,640/- with interest at 7.5% per annum from the date of filing of petition till the date of deposit as compensation. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.21,50,000/- (Rupees Twenty One Lakhs and Fifty Thousand only) in full quit (inclusive of interest) as compensation.

3. The appellant / Transport Corporation is directed to deposit the above said accepted award amount of Rs.21,50,000/- (Rupees Twenty One Lakhs and Fifty Thousand only), after deducting the amount already deposited if any, within a period of eight weeks under two instalments from the date of receipt of a copy of this award. If the payment has not been made within the time stipulated, the appellant is directed to pay the amount along with interest at the rate of 6.5% till the date of realization.

4. The modified amount shall be apportioned among the

claimants / respondents 1 to 6 as follows:- R1 (Wife) - Rs.10,00,000/- R2 - Rs.2,50,000/- R3 - Rs.2,50,000/- R4 - Rs.2,50,000/- R5 - Rs.2,50,000/- R6 - Rs.1,50,000/- The share of the minor child shall be deposited in any of the Nationalised Bank until they attain majority. Interest accrued thereon shall be withdrawn by the mother of the child once in three months directly from the Bank.

5. On such deposit, the claimants/respondents are permitted to withdraw the modified amount without filing any formal petition.

6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of at the SR stage itself. 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. The Managing Director Tamilnadu State Transport Corporation Ltd., Villupuram, Kancheepuram.

Counsel for the Appellant

1.Manimegalai W/o Late Govindasamy 2.Vijay S/o Late Govindasamy 3.Vinoth S/o Late Govindasamy 4.Priya D/o Late Govindasamy 5.Minor Saravanan S/o Late Govindasamy Minor represented by their mother and Natural Guardian, the 1st respondent - Mrs.Manimegalai 6.Amirtham W/o Nagappa Reddy Counsel for the Respondents Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal - 1 (Special District Court), Tiruvallur. 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 Jer B.GOKULDAS,J. (Retd.)

Jer CMA No.1420 of 2021 11.02.2023