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Madras High CourtCMA/2392/2024settled before the lokadalats

The Managing Director v. Thangavel(Died)

2024-09-14Honourable Mr Justice B. Gokuldas(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2024 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 1.Mr.M.Jagan, Legal aid counsel 2.Mr.V.Arumugam, District Judge (Retd.) C.M.A.No.2392 of 2024 (Against the award and decree passed on 09.06.2022 made in M.C.O.P.No.130 of 2014 on the file of the Motor Accident Claims Tribunal and subordinate Court at Sankari).

The Managing Director Tamil Nadu State Transport Corporation Salem Ltd., No.12, Ramakrishna Road, Salem District 636 007. ... Appellant Vs.

1.Thangavel (Died), S/o.Rangan 2.P.Periyasamy, S/o.Perumal 3.Paapa, W/o.Thangavel 4.Govindan, S/o.Thangavel R3 & R4 are brought on record as legalheirs of the deceased R1 by order of this Court dated 11.06.2024 .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, D.Nitin and the learned counsel for the respondents 2 & 3 Mr.S.Murugesan 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 Both the parties and their respective counsel are present. 2.The above appeal has been preferred by the Transport Corporation, challenging the quantum of amount awarded by the Tribunal. 3.Parties have now arrived at a settlement, by which the Transport Corporation is agreed to pay a sum of Rs.13,23,900/- (Rupees thirteen lakh twenty three thousand nine hundred only) in full quit to the claimants, within a period of eight weeks from the date of receipt of a copy of this order. 4.The Transport Corporation shall deposit a sum of Rs.13,23,900/-, less the amount already deposited before the Tribunal, if any, within a period of eight weeks from the date of receipt of a copy of this order, failing which the Transport Corporation agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimants are entitled to receive the award amount equally.

5.The claimants are permitted to withdraw the same. The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

The Managing Director Tamil Nadu State Transport Corporation Salem Ltd., No.12, Ramakrishna Road, Salem District 636 007. Counsel for the Appellant 1.Paapa, W/o.Thangavel 2/4

2.Govindan, S/o.Thangavel Counsel for the Respondents 2 & 3 This National Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under 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 Copy to 1.The Motor Accident Claims Tribunal and subordinate Court at Sankari 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 3/4

B.GOKULDAS.,J.

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