R. Kannan v. The Managing Director
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of FEBRUARY, 2023 COMMON 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 Nos.3716 of 2021 and C.M.A.Sr.No.82956 of 2021 Appeals against the Judgment and decree dated 16.03.2021 passed in M.C.O.P.No.185 of 2019 on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge, Special Court to deal with MCOP Cases), Tiruvallur.
...Appellant in Vs.
The Managing Director Tamilnadu State Transport Corporation Ltd., Villupuram, Kancheepuram Region Ponnerikarai, Kancheepuram.
...Respondent in
The Managing Director Tamilnadu State Transport Corporation Ltd., Villupuram, Kancheepuram Region Ponnerikarai, Kancheepuram.
...Appellant in C.M.A. Sr. No.82956 of 2021
vs.
...Respondent in
C.M.A. Sr. No.82956 of 2021 These cases are taken up for settlement before the National Lok Adalat. Both side parties are present. Mrs.Ramya V.Rao, learned counsel for appellant in C.M.A.No.3716 of 2021 and Mr.S.Mishra Sathya Seeman, learned counsel for the respondent in C.M.A.No.3716 of 2021 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 The Tribunal has awarded a sum of Rs.16,11,620/- with interest at 7.5% per annum from the date of petition till the date of realisation as compensation. Aggrieved by the award of the Tribunal, both the claimant as well as the appellant / Transport Corporation had preferred the present appeals.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.18,00,000/- (Rupees Eighteen 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.18,00,000/- (Rupees Eighteen Lakhs only), 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-R.Kannan is permitted to withdraw the modified amount without filing any formal petition.
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 in C.M.A.No.3716 of 2021 is disposed of accordingly and consequently, C.M.A.Sr.82956 of 2021 is closed, at the SR stage itself.
This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellants 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 Counsel for the Appellant in
The Managing Director Tamilnadu State Transport Corporation Ltd., Villupuram, Kancheepuram Region Ponnerikarai, Kancheepuram.
Counsel for the Respondent in To:
The parties/Advocate concerned Copy to:
1.Motor Accident Claims Tribunal, (Special Subordinate Judge, Special Court to deal with MCOP Cases), Tiruvallur.
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
B.GOKULDAS,J. (Retd.) Jas CMA Nos.3716 of 2021 and C.M.A.Sr.No.82956 of 2021 11.02.2023