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Madras High CourtCMP(MD)/2543/2023settled before the lokadalats

The Managing Director v. Chinnathai

2023-05-13Honourable Mrs Justice S.Srimathy3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of May 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.SRIMATHY and Members Mr.R.Sadayandi, District Judge(Retired) Mrs.N.Krishnavani (Senior Advocate) CMP(MD) No.2543 of 2023 in C.M.A.(MD)SR.No.6609 of 2023 (Appeal against the judgment and decree passed on 28.09.2021 in M.C.O.P.No.201 of 2016 on the file of the Special District Court, Motor Accident Claims Tribunal, Madurai) THE MANAGING DIRECTOR Tamilnadu State Transport Corporation Ltd, By Pass Road,Madurai. ...Appellant

Versus

1.CHINNATHAI W/o.Late.P.Rengasamy, Door No.97, Chinnasamy Pillai Street, Pethaniyapuram, Madurai-16.

2.Rajalakshmi, D/o.Late.P.Rengasamy, Door No.97, Chinnasamy Pillai Street, Pethaniyapuram, Madurai-16.

3.Navaneethakrishnan, S/o.Late.P.Rengasamy, Door No.97, Chinnasamy Pillai Street, Pethaniyapuram, Madurai-16.

4.Govindammal(Died) 5.Lakshmi, W/o.Ramasamy, Door No.112/2A, South Street, Jambuliapatti Post, Balakrishnapuram Pudur, Dindigul District-624 005. 6.Kalvathi, W/o.Chinnasamy, 4/17, R.N.Pudur, Modakku West, Karur-639 207. 7.Tamilselvi, W/o.Balu, 1/114, Kunjakulam, P.P.N Patty, R.Pudukottai, Pillamanaikenpatti, Dindigul-624 706. ...Respondents This case came up for settlement before the Lok Adalat. Both the parties present. Mr.K.A.Thirumalaiappan, learned counsel for the appellants and Mr.S.Thirupathy, learned counsel for the respondents 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 Aggrieved by the award amount of Rs.8,68,000/- (Rupees Eight Lakhs and Sixty Eight Thousand Only) along with interest at 9.5% passed by the Tribunal, the appellant / Tamil Nadu State Transport Corporation has filed the present appeal.

2.Now, the parties have arrived at settlement to a sum of Rs.11,30,000/- (Rupees Eleven Lakhs and Thirty Thousand Only) as full quit including a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), which is deposited for the appeal. The settlement amount shall be paid by the appellant / State Transport Corporation within a period of twelve weeks from today, less the amount already deposited. After such deposit, the claimants are permitted to withdraw the said amount as per the apportionment made by the Tribunal by filing formal application before the Tribunal. THE MANAGING DIRECTOR Tamilnadu State Transport Corporation Ltd,By Pass Road,Madurai. Counsel for the Appellant CHINNATHAI W/o.Late.P.Rengasamy, Door No.97, Chinnasamy Pillai Street, Pethaniyapuram, Madurai-16. Rajalakshmi, D/o.Late.P.Rengasamy, Door No.

97, Chinnasamy Pillai Street, Pethaniyapuram, Madurai-16. Navaneethakrishnan, S/o.Late.P.Rengasamy, Door No.97, Chinnasamy Pillai Street, Pethaniyapuram, Madurai-16. Lakshmi, W/o.Ramasamy, Door No.112/2A, South Street, Jambuliapatti Post, Balakrishnapuram Pudur, Dindigul District-624 005. Kalvathi, W/o.Chinnasamy, 4/17, R.N.Pudur, Modakku West, Karur-639 207. Tamilselvi, W/o.Balu, 1/114, Kunjakulam, P.P.N Patti, R.Pudukottai, Pillamanaikenpatti, Dindigul-624 706.

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.Special District Court For MCOP Cases, The Motor Accident Claims Tribunal, 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 YUVARANI PA To The Hon'ble Judges