The Managing Director v. Ramesh
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R. HEMALATHA and Members Mr.V. Arumugam, District Judge (Retd.) Mrs. A. Alamelu, Advocate CMA No.1340 of 2021 (Appeal against the judgment and decree passed on 23.04.2019 made in M.C.O.P.No.228 of 2016 on the file of the Motor Accidents Claims Tribunal/ Chief Judicial Magistrate Court, Thiruvarur) The Managing Director, Tamil Nadu State Transport Corporation Ltd., Railway Station Road, Kumbakonam Town & Municipalities & Taluk, Thanjavur District.
.. Appellant Vs.
Ramesh .. Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.D.Raghu and the learned counsel for the respondent, Mr.K.M.Subramaniam 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 Both the parties and their respective counsel are present. 2.The Tribunal has awarded a sum of Rs.4,20,434/-(Rupees Four Lakhs Twenty Thousand Four Hundred and Thiruty Fourt) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.
3. Aggrieved by the award, the respondent/Tamil Nadu State Transport Corporation Limited has preferred the present appeal.
4. MCOP.No.228 of 2016 was filed seeking compensation of Rs.15,00,000/- for the injuries sustained by one Ramesh in the road acccident took place on 02.08.2015. Out of the said Rs.15,00,000/- a sum of Rs.5,75,161/- including interest and costs was deposited by the Tamil Nadu State Transport Corporation Limited.
5. Now the parties are settled between them for a balance amount of Rs.5,20,000/- including TDS and advocate fees at Rs.11,204/- is deposited on 23.06.2021 as full quit.
6. A Compromise Memo is duly signed by both the parties have filed herewith.
7. The Tamil Nadu State Transport Corporation Limited wants to withdraw the balance amount paid by them amounting to Rs.55,161/- with proportionate accrued interest and the same is ordered and the matter is settled between the parties as per terms relating in the Compromise Memo.
8. The Civil Miscellaneous Appeal is disposed of accordingly. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Railway Station Road, Kumbakonam Town & Municipalities & Taluk, Thanjavur District.
Counsel for the appellant Ramesh Counsel for the second 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
R.HEMALATHA.J., ssi/bga To The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal/ Special Sub Judge, 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. CMA No.1340 of 2021 12.11.2022