State Express Transport Corporation Limited (Setc) Chennai v. A.Selvam

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Ms.Justice R. POORNIMA and Members V.R.Poobalan, District Judge(Retired) Mr.R.Venkatesan, Advocate CMA(MD) No.269 of 2024 (Appeal against the judgment and decree passed on 16/12/2022 in MCOP.1038/2018 on the file of the SPECIAL DISTRICT COURT TO DEAL WITH MCOP CASES, MADURAI) State Express Transport Corporation Limited (SETC) Chennai Represented by its Managing Director, Pallavan House, Annasalai, Chennai 600 002.

...Appellant

Versus

1.A.Selvam S/o. Arulandhu, 3A, D.S.V. Illam, 2nd Floor, Mettu Street, Bethanipuram, Madurai.

2.S.Kalaiarasi W/o. A.Selvam, 3A, D.S.V. Illam, 2nd Floor, Mettu Street, Bethanipuram, Madurai.

3.S.Subhashini D/o. A.Selvam, 3A, D.S.V. Illam, 2nd Floor, Mettu Street, Bethanipuram, Madurai. (The 3rd respondent is a not necessary party and that given up) 4.A.Rajagobal S/o. Ayyavu, 388, Veera Chinnammal Puram, Thummakkundu.

(The 4th Respondent is driver of appellant and that given up) 5.A.Nallendramani, S/o, N.Alagusundaram, Plot No.45/1, Salai Muthu 2nd Cross Street, Nehru Nagar, Madurai.

6.Cholamandalam Ms General Insurance Co. Ltd., Represented by its Authorized Officer, 2nd Floor, Dare House, No.2, NSC Bose Road, Chennai 600 001.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.P.Prabhakaran and the counsel for the respondents 1 & 2 Mr.K.Perumal Samy are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD This Civil Miscellaneous Appeal is filed as against the award passed by the Motor Accident Claims Tribunal, Special District Court (MACT), Madurai in MCOP No.1038 of 2018, dated 16.12.2022, directing the State Express Transport Corporation Limited (SETC) Chennai to deposit a sum of Rs.23,83,000/- with 7.5% interest to the credit of Motor Accident Claims Tribunal, Special District Court (MACT), Madurai.

2.Now, both the parties have arrived at a settlement of Rs.29,50,000/-(Rupees Twenty Nine Lakhs Fifty Thousand only) as full quit and the same is recorded. The claimants/the father and mother of the deceased are entitled to 50% each of the award amount and they are at liberty to withdraw the amount, less the amount, if any, which has already been withdrawn by the claimants. The appellant State Express Transport Corporation is directed to deposit the said amount within a period of twelve weeks from today, less the amount already deposited, if any. State Express Transport Corporation Limited (SETC) Chennai Represented by its Managing Director, Pallavan House, Annasalai, Chennai 600 002.

Counsel for the Appellant A.Selvam S.Kalaiarasi Counsel for the 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 Tamilnadu 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. The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. The Motor Accident Claims Tribunal, Special District Court (MACT), Madurai

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By V.RENUKA PA To The Hon'ble Judges