The Managing Director v. Asiya

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of May 2023 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 Mr.N.Balasubramanian, District Judge (Retired) Mr.M.Muthukannan, Adv.

C.M.A.No.478 of 2023 (Appeal against the judgment and decree passed on 29.10.2021 in M.C.O.P.No.206 of 2017 on the file of the Motor Accidents Claims Tribunal, (Additional Subordinate Judge, Ponneri.) The Managing Director, Metropolitan Transport Corporation Limited (Chennai Division) Anna Salai, Chennai 600 002.

... Appellant Vs.

Asiya ... Respondent On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.Anton Dhanasekaran, the learned counsel for the Appellant and Mr.M.Murugesan, the learned counsel for the respondent 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.18,32,449/- 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. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.21,50,000/- (Rupees Twenty One Lakhs and Fifty Thousand Only) in full quit.

3. The appellant/Transport Corporation is directed to deposit the above said modified award amount of Rs.21,50,000/- (Rupees Twenty One Lakhs and Fifty Thousand Only), after deducting the amount already deposited a sum of Rs.10,25,000/- (Rupees Ten Lakhs and Twenty Five Thousand Only), within a period of twelve weeks from the date of receipt of a copy of this order. On such deposit, the claimant/respondent is permitted to withdraw the modified amount, as per the apportionment, as ordered by the Tribunal, without filing any formal petition. Award is passed accordingly.

4. 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 Managing Director, Metropolitan Transport Corporation Limited (Chennai Division) Anna Salai, Chennai 600 002.

... Counsel for Appellant Vs.

Asiya ... Counsel for Respondent 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 dna/arb To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, (Additional Subordinate Judge, Ponneri.) 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

K.KUMARESH BABU.J., dna/arb 13.05.2023