Madras High CourtCMA(MD)/467/2022settled before the lokadalats

The Managing Director v. Indhira

2023-12-09Honourable Mrs Justice R. Kalaimathi3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of December 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice R. KALAIMATHI and Members Mr.V.Siva Subramanian, District Judge(Retired), Mr.S.Suresh Kumar Isaac Paul,Advocate CMA(MD) No.467 of (Appeal against the judgment and decree passed on 02/12/2020 in MCOP.967/2016 on the file of the SPECIAL DISTRICT JUDGE, THANJAVUR) THE MANAGING DIRECTOR Tamilnadu State Transport Corporation, having office at,Kumbakonarm Branch, Railway Station New Road,Kumbakonam. ... Appellant/Respondent Vs.

1.Indhira W/o.Palanivel,23,Nethaji Nagar,Perumagaloor,Peravoorani Taluk,Thanjavur District.

2. Akalya D/o.Palanivel,23,Nethaji Nagar,Perumagaloor,Peravoorani Taluk,Thanjavur District.

3.Mukilan S/o.Palanivel,23,Nethaji Nagar,Perumagaloor,Peravoorani Taluk,Thanjavur District.

...Respondents/Claimants

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.S.Boominathan for Mr.P.M.Vishnuvarthanan and the counsel for the respondents Mr.R.Balakrishnan 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 Both the parties and their respective counsels are present. 1/3

2. After due deliberation, both sides agreed to settle the matter amicably for a sum of Rs.26,00,000/- (Rupees Twenty Six Lakhs Only) in full quit.

3. It is represented that the appellant has already deposited a sum of Rs. 17,00,208/- (including TDS) before the Tribunal. Hence, the appellant/Transport Corporation is directed to deposit the entire award amount, less the amount already deposited, within a period of twelve (12) weeks from today, failing which, the appellant/Transport Corporation has to pay interest at the rate of 12% per annum for the balance award amount. On such deposit being made, the respondents/claimants are permitted to withdraw the entire award amount, as per the ratio of apportionment fixed by the Tribunal, without filing formal permission petition before the Tribunal.

4. 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.

5. 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.

6. 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. 7.This Lok Adalat award is passed in terms of the above settlement. THE MANAGING DIRECTOR Tamilnadu State Transport Corporation 2/3

Kumbakonam Counsel for the Appellant Indhira Akalya Mukilan Counsel for the Respondents JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. The SPECIAL DISTRICT JUDGE, THANJAVUR.

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 AKV / CM / MBI 3/3