Madras High CourtCMA/1608/2022settled before the lokadalats

R. Thenmozhi v. The Managing Director

2023-06-10Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June, 2023 NATIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE P.B.BALAJI and Members

1. Mr.Cibi Vishnu, Advocate

2. Mr.K.Balasubramaniyan District Judge (Retd.) C.M.A..No.1608 of 2022 This Civil Miscellaneous Appeal is filed against the order made in M.C.O.P. No.3013 of 2016 dated 09.03.2022 on the file of the Motor Accident Claims Tribunal, I Additional District & Sessions Judge, Cuddalore. R.Thenmozhi .. Appellant Vs The Managing Director Tamil Nadu State Transport Corporation Ltd (Villupuram-Divn No.3/137, Salamedu Vazhuthareddy Villupuram - 605 602 .. Respondent This case came up for settlement before the Lok Adalat. Both parties are present. M/s.Ramya V.Rao, the learned counsel for the appellant and Mr.T.Chandrasekaran, the learned counsel for the respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: 1/4

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.4,57,327/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.5,25,000/- (Rupees Five Lakhs Twenty Five Thousand Only) in full quit.

3. The respondent shall deposit the award amount less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant / appellant is permitted to withdraw her share of the award amount without insisting on a formal payment out petition. Award is modified accordingly.

4. 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, as per the apportionment already made by the Tribunal. Consequently, the connected miscellaneous petition, if any, is closed.

5. This Civil Miscellaneous Appeal is disposed of accordingly. 2/4

R.Thenmozhi Counsel for the Appellant The Managing Director Tamil Nadu State Transport Corporation Ltd (Villupuram-Divn No.3/137, Salamedu Vazhuthareddy Villupuram - 605 602 Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement. The 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 3/4

P.B.BALAJI, J.

dhk/arb To The parties/Advocate concerned Copy to:

1. Motor Accident Claims Tribunal, I Additional District & Sessions 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 dhk/arb C.M.A.No.1608 of 2022 10.06.2023 4/4