The General Manager v. Thangamani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November, 2022 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 1.V.Saravanan

2. R.Ravindra Bose CMA No.2141 of 2022 Appeal against the Judgment and decree dated 19.01.2021 passed in M.C.O.P.No.566 of 2018 on the file of the Motor Accidents Claims Tribunal IAdditional District & Sessions Judge, Cuddalore. The General Manager, Tamil Nadu State Transport Corporation Ltd., Cuddalore Region, Villupuram.

... Appellant Vs.

1.Thangamani 2.Minor Dineshkumar 3.Minor Suryaprakash 4.Selvaraj 5.Palaniammal

...Respondent

(Respondents 2 & 3 are represented by their mother, Thangamani, the 1st respondent herein) This case is taken up for settlement before the National Lok Adalat. Both the parties are present. S.Mishra Sathya Seeman, learned counsel for the appellant and Mr.N.Azhakiya Kumaran, learned counsel for the respondents is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.46,45,920/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant/Transport Corporation had preferred the present appeal.

2. The respondent is present before this National Lok Adalat through counsel. It has been agreed by the parties for full and final settlement of Rs.59,00,000/- (full quit). It has been submitted that already a sum or Rs.32,05,215/- has been deposited and the appellant/ Transport Corporation shall deposit the entire amount, now awarded, less the amount, already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.

3. 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 petitions are 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 Page Nos.2/4

Member Member Appellant The General Manager, Tamil Nadu State Transport Corporation Ltd., Cuddalore Region, Villupuram.

Counsel for the Appellant 1.Thangamani 2.Minor Dineshkumar 3.Minor Suryaprakash 4.Selvaraj 5.Palaniammal Counsel for the respondents To:

The parties/Advocate concerned Copy to:

1.Motor Accidents Claims Tribunal I-Additional District & Sessions 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.+2 copies gba Page Nos.3/4

K.KUMARESH BABU, J.

gba CMA No.2141 of 2022 12.11.2022 Page Nos.4/4