Madras High CourtCMA/335/2014settled before the lokadalats

The Managing Director v. G.Chandrasekar

2019-12-14Honourable Mr Justice M.Dhandapani4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 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.Pa.Kadirvel Mr.Ravinder Bose (Appeal against the judgment and decree dated 22.08.2012 made in M.C.O.P.No.1864 of 2007 on the file of the Motor Accident Claims Tribunal, Small Causes Court, Chennai.) The Managing Director, Tamil Nadu State Transport Corporation Ltd., (VPM - Division) Villupuram.

... Appellant /versus/ G.Chandrasekar ... Respondent This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for appellant and Mr.A.A.Venkatesan, 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: TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.1,61,500/- with interest at the rate of 7.5% per annum from the date of petition till the date of 1/4

deposit. Aggrieved by the said award of compensation, the appellant/Transport Corporation has preferred the present appeal.

2. After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.2,37,000/- (Rupees Two Lakhs Thirty Seven Thousand) in full quit.

3. The appellant Transport Corporation is directed to deposit the modified award amount arrived at today, less the amount already deposited, if any. The appellant shall deposit the balance amount, within a period of twelve (12) weeks, from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.1864 of 2007 on the file of the Motor Accident Claims Tribunal, Small Causes Court, Chennai, failing which, the appellant shall deposit the modified award amount with simple interest at the rate of 6%.

4. On such deposit being made, the respondent/ claimant is permitted to withdraw the modified award amount. The Tribunal is directed to transfer the above said award amount to the Bank account of the respondent/ claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

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5. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected civil miscellaneous petition, if any, is closed. The Managing Director, Tamil Nadu State Transport Corporation Ltd., (VPM - Division) Villupuram.

Counsel for the Appellant G.Chandrasekar Counsel for the 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 3/4

M.DHANDAPANI,J.

sni To:The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Small Causes Court, Chennai 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 14.12.2019 4/4