Achiyammal v. The Branch Manager
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE S.SOUNTHAR and Members:
Mr.G.Dharmaraj(District Judge Rtd.,) Mrs.S.Sridevi C.M.A.No.2226 of 2022 (Appeal against the award made in M.C.O.P.No.364 of 2019, dated 30.06.2022 on the file of the Motor Accident Claims Tribunal / I Additional Subordinate Judge, Cuddalore)
1. Achiyammal 2.K.Jayanthi 3.J.Jayapratha 4.J.Jayapriya 5.J.Rathna 6.Asothai (died) ... Appellants Vs.
The Branch Manager, Tamil Nadu State Transport Corporation Ltd., Villupuram Division I Ltd., Cuddalore Region, Cuddalore - 607 002.
.. Respondent This case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya V. Rao, learned counsel appearing for the appellants and M/s.Misha Sathya Seeman, learned counsel appearing for respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matters as follows.
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.26,19,500/-, with interest 7.5% at the rate of per annum from the date of the petition till the date of deposit of the award amount. Aggrieved by the said award, the appellant / respondent Corporation has preferred the present appeal.
2. The learned counsel for the appellants filed a memo stating that the 6th appellant/mother of the victim died and her share in the compensation may be distributed among the other appellants equally. The said memo is recorded.
3. The Appellants/claimants 1 to 5 and respondent/Corporation entered into a compromise on following terms;
(i) The appellants 1 to 5 are agreed to settle for a sum of Rs.28,75,000/- in full quit of claims against the respondent/Corporation. (ii) The above said sum shall be deposited within a period of twelve(12) weeks from today, failing which, the above said sum shall carry an interest of 7.5% per annum. The respondent/ Corporation shall deposit the above said sum after deducting any amount already deposited. (iii) On such deposit being made, the appellants 1 to 5/claimants are permitted to withdraw the said amount as per the apportionment ordered by the Tribunal.
4. Accordingly, the Tribunal is directed to transfer the amount through RTGS to the parties on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Award is passed accordingly.
The Civil Miscellaneous Appeals are disposed of accordingly. Consequently, the connected MP, if any, is closed.
1. Achiyammal 2.K.Jayanthi 3.J.Jayapratha 4.J.Jayapriya 5.J.Rathna Counsel for Appellants The Branch Manager, Tamil Nadu State Transport Corporation Ltd., Villupuram Division I Ltd., Cuddalore Region, Cuddalore - 607 002. Counsel for Respondents 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 Member Member
S.SOUNTHAR, J.
ub To: The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal / / I Additional Subordinate 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 ub C.M.A.No.2226 of 2022 11.03.2023