Madras High CourtCMA/622/2023settled before the lokadalats

The Senior Managing Director v. P.Paneerselvam

2023-05-13Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of May, 2023 NATIIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE P.B.BALAJI and Members

1. Mr. V.Arumugam, District Judge (Retd)

2. Mr. P.G.Perumal Pandian, Advocate C.M.A.No.622 of 2023 This Civil Miscellaneous Appeal is filed against the order made in M.C.O.P. No.2068 of 2013 dated 09.06.2022 on the file of the Motor Accident Claims Tribunal, The Chief Judicial Magistrate, Cuddalore. The Senior Managing Director, State Express Transport Corporation, Tamil Nadu Limited, Chennai - 600 002.

.. Appellant Vs.

P.Paneerselvam .. Respondent This case came up for settlement before the Lok Adalat. Both parties are present. Mr.P.Karunanithi, the learned counsel for the appellant and Mr.Mira Aurobindo Cumar for M/s.Ramya V.Rao, 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:

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TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.10,60,890/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the appellant / Transport Corporation had preferred the present appeal. The appellant / Transport Corporation had already deposited a sum of Rs.25,000/- before the Tribunal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.16,50,000/- (Rupees Sixteen lakhs and fifty thousand only) in full quit.

3. The appellant/Transport Corporation shall deposit the award amount less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant/ respondent is permitted to withdraw the entire award amount without filing any formal petition. Award is modified 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. Consequently, the connected miscellaneous petition, if any, is closed.

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5. This Civil Miscellaneous Appeal is disposed of accordingly. The Senior Managing Director, State Express Transport Corporation, Tamil Nadu Limited, Chennai - 600 002.

Counsel for the Appellant P.Paneerselvam Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement. The 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 3/4

P.B.BALAJI, J.

drl/rna To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, The Chief Judicial Magistrate, 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 drl/rna C.M.A.No.622 of 2023 13.05.2023 4/4