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Madras High CourtCMA/2528/2024disposed of

The Managing Director v. V.Saraswathy

2024-12-14Honourable Mr Justice Sunder Mohan5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.S.Pushpakaran, Advocate C.M.A.No.2528 of 2024 Appeal against the judgment and decree dated 20.04.2023 made in M.C.O.P.No.6105 of 2015 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

The Managing Director, Metropolitan Transport Corporation Limited, Pallavan House, Anna Salai, Chennai - 2.

... Appellant Vs.

1.V.Saraswathy 2.S.Venkatesan ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Murali Vinodh, Metropolitan Transport Corporation Limited official Mr.A.S.Suresh Babbu and the learned counsel for the respondents Mrs.Ramya V. Rao 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 Both the parties and their respective counsel are present.

2. The Transport Corporation has challenged the award on the ground of negligence and quantum of Rs.8,81,250/- awarded by the Tribunal.

3. Parties have now arrived at compromise and the respondents have agreed to receive a sum of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousands only) in full quit.

4. The Transport Corporation shall deposit a sum of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousands only) less the amount already deposited before the Tribunal, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order, failing which the Transport Corporation agreed to pay interest at the rate of 7.5% per annum. On such deposit, the respondents shall be entitled to withdraw the entire amount equally.

5. The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned 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, Pallavan House, Anna Salai,

Chennai - 2.

Counsel for the appellant 1.V.Saraswathy 2.S.Venkatesan Counsel for the respondents This National Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under 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 To The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal, Chief Judge of Small Causes Court, 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.

SUNDER MOHAN, J.

Sni C.M.A.No.2528 of 2024 14.12.2024