S.Anjalai v. Tamil Nadu State Transport Corporation
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:
Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.No.2333 of 2022 (Appeal against the award made in M.C.O.P.No.77 of 2019, dated 04.03.2021 on the file of the Motor Accident Claims Tribunal / I Additional District and Subordinate Judge, Cuddalore.
1.Anjalai 2.S.Iyyanar ... Appellants Vs.
The Managing Director, Tamilnadu State Transport Corporation Ltd., Villupuram Division-I,Ltd., Imperial Road, Cuddalore.
.. Respondent Though the matter is not in the list, at the request of both the parties this case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.S.Mishra Sathya Seeman , learned counsel appearing for the respondent and,M/s.Ramya V. Rao learned counsel appearing for appellants. 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.5,55,200/-, with interest 7.5% at the rate of per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the said award, the appellant has preferred the present appeal.
3. The appellants 1 and 2/ claimants and Respondent/Corporation entered in a compromise on following terms;
(i) The respondent is agreed to settle for a sum of Rs.6,60,000/- in full quit of claims against the appellants 1 and 2/ claimants. (ii) The above said sum shall be deposited within a period of twelve(12) weeks from today, failing which, the above said sum shall carry an interest of 7.5% per annum. The respondent shall deposit the above said sum after deducting any amount already deposited.
(iii) On such deposit, the appellants 1and 2/ claimants are permitted to withdraw the said amount by making formal application. (iv) On such deposit, the first appellant, wife of the victim is entitled to withdraw a sum of Rs.5,00,000 towards her share in the compensation. The second appellant/son of the victim is entitled to withdraw a sum of Rs.1,60,000/- towards his share in the compensation.
4. Accordingly, the Tribunal is directed to transfer the amount through RTGS to the parties on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Award is passed accordingly.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed.
1.Anjali 2.S.Iyyanar Counsel for Appellants The Managing Director, Tamilnadu State Transport Corporation Ltd., Villupuram Division-I,Ltd., Imperial Road, Cuddalore.
Counsel for Respondent 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
S.SOUNTHAR, J.
nti/ub Copy to:
1.The Motor Accident Claims Tribunal / I Additional District and Subordinate Judge, Cuddalore.
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 nti/ub C.M.A.No.2333 of 2022 11.03.2023