Madras High CourtCMA/833/2023settled before the lokadalats

The Managing Director v. Senbagavalli

2024-09-14Honourable Dr. Justice S. Vimala (Lok-I) (Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :

Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) and C.M.P.No.7766 of 2023 (Appeal against the judgement and decree, dated 06.10.2021 passed in M.C.O.P. No.5519 of 2017 passed by the Motor Accidents Claims Tribunal, IVth Court of small causes, Chennai.) The Managing Director, MTC Limited., Pallavan House, Anna Salai, Chennai - 600 002 ... Appellant Vs

1. Senbagavalli

2. Uma

3. Saranraj

4. Vaithiswari

5. Radha ... Respondents This case came up for settlement before the Lok Adalat. Both parties 1/5

present. Mr.A.Vinothraj, learned counsel for the Appellant and Mr.E.V.Dhanarajan, learned counsel for the Respondents are present. After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : TERMS OF SETTLEMENT (i) As against the Award passed by the Claims Tribunal for a sum of Rs.17,87,500/- on 06.10.2021, this Appeal is preferred by the Transport Corporation.

(ii) During the pendency of this Appeal, the Transport Corporation has already deposited a sum of Rs.12,73,804/- before the Claims Tribunal. (iii) As per the terms and conditions arrived at between the parties in the Lok Adalat, now, there shall be an Award for a sum of Rs.6,50,000/- in full quit which is over and above the Award already passed for a sum of Rs.12,73,804/- and the division of the Award amount of compensation shall be as per the directions given by the Claims Tribunal;

(iv) During the pendency of this Appeal, the 5th respondent died. The learned counsel appearing for the respondents have made endorsement in the Court bundle stating that the legal representatives of the deceased Radha are already on record as respondents 1 to 4 and that there are no other legal heirs. Therefore, the compensation payable to the deceased Radha shall be apportioned between the 2/5

respondents 1 to 4 between the respondents 1 to 4 equally. (v) The Appellant/Transport Corporation shall deposit a sum of Rs.6,50,000/- to the credit of M.C.O.P. within a period of eight weeks from the date of receipt of a copy of this Order;

(vi) Upon such deposit, the respondents/claimants are entitled to withdraw the entire sum without any formal application and only upon verification of the identity.

(vii) Accordingly, this Civil Miscellaneous Appeal is settled. Consequently, connected Miscellaneous petition is closed.

The Managing Director, MTC Limited., Pallavan House, Anna Salai, Chennai - 600 002 Counsel for Appellant

1. Senbagavalli

2. Uma

3. Saranraj

4. Vaithiswari Counsel for Respondents 3/5

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 71-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 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, IVth Court of small causes, 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 mn/mac 4/5

Dr. JUSTICE S.VIMALA mac 14.09.2024 5/5