The Managing Director, v. R.Subramaniyan,
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June, 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 K.KUMARESH BABU and Members Mr.N.Balasubramanian, District Judge (Retired) Mrs.S.Jayakumari, Advocate C.M.A.No.2976 of 2021 (Appeal against the judgment and decree passed on 18.09.2019 in MCOP No.1650 of 2016 on the file of the Motor Accident Claims Tribunal, Small Causes Court, Special Sub Judge II, Chennai.) The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd.
3/137, Salamedu Vazhuthareddy Villupuram - 605 402.
.. Appellant Vs.
R.Subramaniyan (deceased) 1.Dhanusu 2.Karthick 3.Kamatchi 4.Sudha .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant for Mr.K.J.Sivakumar and Mr.K.Varadha Kumaraj, learned counsel 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 This appeal has been filed by the Transport Corporation challenging the award dated 18.09.2019, for a sum of Rs.17,55,700/- (Rupees Seventeen Lakhs and Fifty Five Thousand and Seven Hundred only) with interest at 7.5% from the date of petition till the date of deposit of compensation and costs.
2. The respondents/claimants, the appellant and the learned counsel representing the appellant/Transport Corporation as well as the respondents are present before the Lok Adalat. The Tribunal has awarded a sum of Rs.17,55,700/- (Rupees Seventeen Lakhs and Fifty Five Thousand and Seven Hundred only) together with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit of compensation. Pursuant to the Award, the appellant has deposited a sum of Rs.25,000/- representing as statutory deposit. Parties have agreed to settle the entire dispute on a sum of Rs.24,00,000/- (Rupees Twenty Four Lakhs only) in full quit.
3. Accordingly, the sum of Rs.24,00,000/- (Rupees Twenty Four Lakhs only), less the amount already deposited, if any, shall be deposited before the Motor Accident Claims Tribunal, Small Causes Court, Special Sub Judge II, Chennai, to the credit of MCOP No.1650 of 2016, within a period of eight weeks from the date of receipt of a copy of this order. The 1st respondent who is the wife of the deceased R.Subramaniyan agrees to take Rs.12,00,000/- (Rupees Twelve Lakhs Only) out of the award amount arrived at, which is also agreed by the respondents 2 to 4 and the respondents 2 to 4 have each agreed to take Rs.4,00,000/- (Rupees Four Lakhs only) of the remaining award amount. The respondents are permitted to withdraw their respective share amounts without insisting any formal applications.
The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu Vazhuthareddy Villupuram - 605 402.
Counsel for the appellant / Transport Corporation 1.Dhanusu 2.Karthick 3.Kamatchi 4.Sudha Counsel for Respondent 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
K.KUMARESH BABU, J gsa To The parties/Advocate concerned Copy to:
1. The Motor Accident Claims Tribunal, Small Causes Court, Special Sub Judge II, 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. C.M.A.No.2976 of 2021 08.06.2024