Madras High CourtCMP(MD)/5604/2024settled before the lokadalats

The Managing Director, v. Jessymol

2024-09-14Honourable Mrs Justice S.Ananthi (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of September 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.ANANTHI (Retd.) and Members Mr.K.R.Mathurasekaran, District Judge(Retired) , Mr.T.S.Mohamed Mohideen, Advocate CMP(MD) No.5604 of 2024 in C.M.A.(MD)SRNo.850 of 2024 (Appeal against the Judgment and decree passed in M.C.O.P.No.94 of 2021 on the file of the Principal Sub Court, Nagercoil) The Managing Director, Tamilnadu State Express Transport Corporation , Office at Pallavan Salai, Chennai -600 002 ...Appellant

Versus

1.Jessymol W/o.Anthony Adimai, Kodimunai, Colachal Post, Kanyakumari District.

2.Ancy Neenu D/o.Anthony Adimai, Kodimunai, Colachal Post, Kanyakumari District.

3.Arnold Jenson (Minor) S/o.Anthony Adimai, Kodimunai, Colachal Post, Kanyakumari District. rep. by his guardian and mother the R1 4.Nagarajan S/o.Arumugam, Sivankovil Street, Rajakkamangalam, Kanyakumari District.

...Respondents

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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 to 3 Mr.V.Angusamy 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 petition has been filed for condoning the delay of 75 days in filing the civil miscellaneous appeal.

2. Both parties present. The respondents stated that they have no objection to condone the delay of 75 days in filing this appeal. Hence, the delay is condoned.

3. The tribunal has awarded a sum of Rs.18,51,000/- with interest at 7.5% per annum. Aggrieved over the same, the Transport Corporation has preferred the appeal.

4. Both the parties agreed for one time settlement for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) as full quit. The Transport Corporation is directed to deposit the said amount, within a period of 12 weeks from today, less the amount already deposited, if any. The first respondent is entitled to withdraw a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only). The second and third respondents are entitled to withdraw a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) each. The claimants are permitted to withdraw the aforesaid amount without filing any formal petition before the Tribunal. It is now stated by the learned counsel for the respondents that the third respondent now attains majority. Hence, the third respondent is directed to file appropriate petition before the Principal Sub Court, Nagercoil. As and when such application is filed, it shall be allowed by the court below.

5. This Civil Miscellaneous Appeal is disposed of at the SR stage itself. 2/4

The Managing Director, Tamilnadu State Express Transport Corporation, Office at Pallavan Salai, Chennai -600 002 Counsel for the Appellant Jessymol Ancy Neenu Arnold Jenson 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 Principal Sub Court, Nagercoil.

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai. 3/4

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

4. The Section Officer, A.E. Section, Madurai Bench of Madras High Court, Madurai. Typed By ANTONYSAMY PA To The Hon'ble Judges 4/4