Madras High CourtCMA/2896/2021settled before the lokadalats

The Managing Director v. Kanniappan

2023-02-11Honourable Mr Justice B. Gokuldas(Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of FEBRUARY, 2023 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 Mr.V.ARUMUGAM, District Judge (Retd) Mrs.VIJAYALAKSHMI K.RAJARATNAM CMA No.2896 of 2021 and CMP.No.16628 of 2021 Appeal against the Judgment and decree dated 26.09.2019 passed in M.C.O.P.No.4777 of 2016 on the file of the Principal Special Judge, Special Court under E.C & NDPS Act, Chennai - 600 104 (Motor Accidents Claims Tribunal) Chennai.

The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Division, Vazhuthareddy Post, Villupuram - 605 402.

...Appellant Vs.

Kanniappan

...Respondent

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.C.S.K.Sathish, learned counsel for appellant/Transport Corporation and Mr.K.Varadha Kamaraj, learned counsel for the respondent is 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.11,90,250/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) in full quit (inclusive of interest) as compensation.

3. The appellant /Transport Corporation is directed to deposit the above said accepted award amount of Rs.15,00,000/- (Rupees Fifteen Lakhsonly), after deducting the amount already deposited if any, within a period of eight weeks under two instalments from the date of receipt of a copy of this award.

4. On such deposit, the claimant/respondent is permitted to withdraw the modified amount without filing any formal petition. 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. The Civil Miscellaneous Appeal is disposed of accordingly. The

connected miscellaneous petition is closed, if any. 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 The Managing Director, Tamil Nadu State Transport Corporation, Villupuram Division, Vazhuthareddy Post, Villupuram - 605 402.

Counsel for the Appellant Kanniappan Counsel for the respondent To:

The parties/Advocate concerned Copy to:

1.The Principal Special Judge, Special Court under E.C & NDPS Act, Chennai - 600 104 (Motor Accidents Claims Tribunal) 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 jas/jer

B.GOKULDAS,J. (Retd.) jer/jas CMA No.2896 of 2021 and CMP.No.16628 of 2021 11.02.2023