Tamil Nadu State Express Transport Corporation v. Periyammal

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of February 2023 NATIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE T.V.THAMILSELVI and Members

1. Mr. P.Rosiah, District Judge (Retd)

2. Mrs. A.Veeramarthini C.M.A.No.29 of 2022 This Civil Miscellaneous Appeal has been filed against the Judgment and Decree in M.C.O.P. No.3358 of 2016 dated 07.01.2021 on the file of the Motor Accidents Claims Tribunal/Special Judge II, Small Causes Court, Chennai. Tamil Nadu State Express Transport Corporation, Rep. its General Manager, Pallavan Salai, Chennai -2.

.. Appellant Vs.

1. Periyammal

2. Dineshkumar (Minor) Rep by his mother Natural Guardian Mrs.Periyammal) 3.Kalaiselvi 4.Akilandam @ Akilandeshwari .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. M/s.S.Mishra Sathya Seeman, learned counsel for the Appellant Tamil Nadu State Express Transport Corporation Ltd, and Mr.Y.D.Ravivarma, learned Advocate 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.14,12,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant/SETC had preferred the present appeal.

2. Today, when the matter is taken up for hearing, both the appellant and respondents along with their counsel appeared. After due deliberation and consultation, both the parties, as per the compromise arrived between the parties, they have agreed to settle the case for a sum of Rs.18,00,000/- (Rupees Eighteen lakhs only) in full quit, as one time settlement as compensation.

3. The appellant / SETC shall deposit the modified award amount of Rs.18,00,000/- (Rupees Eighteen Lakhs only), less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the first respondent/first claimant is entitled to withdraw a sum of Rs.6,00,000, second respondent/second claimant is entitled to withdraw a sum of Rs.5,00,000/- third respondent/third claimant is entitled to withdraw a sum of Rs.4,00,000/- and the fourth respondent/fourth

claimant is entitled to withdraw a sum of Rs.3,00,000/- respectively, before the Tribunal without filing any formal petition. The Award is passed accordingly.

5. 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.

6. This Civil Miscellaneous Appeal is disposed of accordingly. The General Manager, Tamil Nadu State Express Transport Corporation, Pallavan Salai, Chennai -2.

Counsel for the Appellant

1. Periyammal

2. Dineshkumar (Minor) Rep by his mother Natural Guardian Mrs.Periyammal) 3.Kalaiselvi 4.Akilandam @ Akilandeshwari Counsel for the Respondents 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

T.V.THAMILSELVI, J.

drl Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 2 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Special Judge - II, 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 drl C.M.A.No.29 of 2022 09.02.2023

11.02.2023