The Managing Director v. Lalitha W/O Arumugam

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 C.M.A.No.3422 of 2019 (Appeal against the judgment and decree dated 10.04.2019 and made in M.C.O.P.No.1786 of 2016, on the file of the Motor Accident Claims Tribunal, Special Sub-Court, Cuddalore.

The Managing Director State Express Transport Corporation Ltd.

Pallavan Salai Chennai ... Appellant Vs.

1.Lalitha 2.Minor Arthi 3.Minor Aravind (Minor R2& R3 represented by their Mother natural Guardian R1 Lalitha) 4.Aache .... Respondents This case is not listed today. However, it is taken up before this Lok Adalat at the instance of the learned counsel for the Transport Corporation. The appellant is present. Mr.P.Kandasamy, learned counsel for appellant is present. Mr.Sudharsan, learned counsel for the respondents present.

AWARD This appeal is preferred by the appellant Transport Corporation as against the award dated 10.04.2019 and made in M.C.O.P.No.1786 of 2016, on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Cuddalore.

2.After due deliberation and consultation, both the parties agreed to modify the award of the Tribunal to a sum of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand Only) 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, within a period of twenty four weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.1786 of 2016 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Cuddalore, failing which, the appellant shall deposit the modified award amount with simple interest at the rate of 6% p.a.

4. On such deposit being made, the major respondents / claimants are permitted to withdraw their respective shares. The first respondent is entitled to a sum of Rs.3,00,000/-, the second respondent (minor daughter ) is entitled to a sum of Rs.4,00,000/-, the 3rd respondent (minor) is entitled to a sum of Rs.3,00,000/- and the 4th respondent is entitled to a sum of

Rs.2,50,000/-. The shares of the minor claimants shall be deposited in any one of the Nationalised Banks till they attain the age of majority. The mother of the minor claimants is permitted to withdraw the accrued interest once in three months. On such deposit being made, the respondents / claimants are permitted to withdraw the award amount.

4. 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.

5. The Civil Miscellaneous Appeal at the SR stage is disposed of accordingly. Consequently, connected civil miscellaneous petition, if any, is closed.

The Managing Director State Express Transport Corporation Ltd.

Pallavan Salai Chennai Counsel for the Appellant 1.Lalitha 2.Minor Arthi 3.Minor Aravind (Minor R2& R3 represented by their Mother natural Guardian R1 Lalitha) 4.Aache 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 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

M.DHANDAPANI,J.

kas To:The parties/Advocate concerned Copy to:

1.The Motor Vehicles Accidents Claims Tribunal, (Special Sub Court), 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 C.M.A.No.3422 of 2019 14.12.2019