The General Manager, v. Annadurai
HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of June 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr.Justice K.RAJASEKAR and Members Mr.P.Mohandoss, District Judge(Retired) and Mrs.M.Krishnaveni, Advocate CMP(MD).No.2549 of 2023 in C.M.A.(MD).SR.No.81752 of 2022 (to condone the delay of 207 days in filing the present Appeal as against the judgment and decree passed on 24.11.2021 in MCOP. 368/2017 on the file of the Motor Accident Claims Tribunal, Special District Court, Madurai) The General Manager, Tamilnadu State Transport Corporation Limited, Byepass Road, Ponmeni, Madurai - 10. ... Petitioner /Appellant
Versus
1.Annadurai 2.Devachandran
3. Minor.Nishanthi (minor R3 Rep. By her father / guardian R1) ... Respondents / Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the petitioner, Mr.K.A.Thirumalaiappan and the counsel for the respondents, Mr.K.Manikandan 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 matter is referred by the High Court in the CMP stage itself. This Petition is filed by the petitioner/Transport Corporation, to condone the delay of 207 days in filing the present Appeal as against the judgment and decree passed on 24.11.2021 in MCOP.368 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Court, Madurai. The Tribunal has awarded a sum of Rs.14,09,400/- along with interest at the rate of 7.5% per annum.
After due deliberations, both the parties have entered into compromise and agreed to settle for a sum of Rs.18,90,000/- (Rupees Eighteen Lakhs and Ninety Thousand only) as full quit. The petitioner / Transport Corporation is directed to deposit the award amount, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of this award, failing which the petitioner / Transport Corporation shall pay the award amount together with interest at the rate of 7.5% per annum. On such deposit being made, the respondents 1 and 2 /major claimants are at liberty to withdraw their https://www.mhc.tn.gov.in/judis
share amount in the ratio as apportioned by the Tribunal by filing formal application before the Tribunal. The share due to the third respondent/ minor shall be deposited in an interest bearing Fixed Deposit in any one of the nationalized Bank till she attains majority. The first respondent / guardian of the minor shall withdraw the interest of the minor deposit amount for her welfare once in three months. 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.
The General Manager, Tamilnadu State Transport Corporation Limited, Byepass Road, Ponmeni, Madurai - 10.
Counsel for the Appellant 1.Annadurai 2.Devachandran
3. Minor.Nishanthi (minor R3 Rep. By her father / guardian R1) Counsel for the Respondents JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To: 1. The Motor Accident Claims Tribunal, Special District Court, 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: L.Monica, PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis