The Managing Director v. Murugesan
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of March 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice P.B. BALAJI and Members MR.John R.D.Santhosam, District Judge(Retired) , Mr.A.Haja Mohideen,Advocate CMA(MD) No.1421 of 2024 (Appeal against the judgment and decree passed on 12/02/2024 in MCOP.167/2019 on the file of the SPECIAL DISTRICT COURT TO DEAL WITH MCOP CASES, MADURAI) The Managing Director Tamil Nadu State Transport Corporation, No.37, Mettupalayam Road, Coimbatore District - 641 043.
...Appellant/s
Versus
1.Murugesan S/o.Karuppan, No.3/214, Semmadipatti, Palakanuthu, Palakanuthu Post, Dindigul - 624 619. 2.Minor.Pon Sathya D/o.Late.Eswaran, No.120 Periyakottai, Dindigul - 624 619. (Minor 2nd Respondent Represented through her grand father and guardian the Thandapani). 3.Praveen S/o.Palanisamy, M/s.Selvakumar Spinners (P- Limited), No.10/3, Selva Nagar, Thandampalayam, Erode - 638 002.
4. United India Insurance Co Ltd, Represented by its Divisional Manager, Divisional Office, at No.7A, West Veli Streeet, Madurai - 625 001.
...Respondent/s
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.P.Prabhakaran and the counsel for the respondent/s Mr.A.Theethar, learned counsel for R1 & R2, and Mr.J.S.Murali learned counsel for R4 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 The Transport Corporation aggrieved by the award in M.C.O.P.No.167 of 2019 dated
12.02.2024 before the Motor Accident Claims Tribunal / Special District Court, Madurai, is the appellant in the above Civil Miscellaneous Appeal.
2. Today, the Superintendent, representing the appellant Transport Corporation, Mr.S.P.Thangaraju, is present. The learned counsel for the respondents and the respondents are present. After due deliberations, the parties have resolved to amicably settle the claim at Rs. 33,00,000/- (Rupees Thirty Three Lakhs only) as full quit and the same is recorded. The Transport Corporation has already deposited Rs.25,000/- (Rupees Twenty Five Thousand only) at the time of admission. The Transport Corporation is directed to deposit the balance amount of Rs. 32,75,000/- (Rupees Thirty Two Lakhs and Seventy Five Thousand only) within a period of eight weeks from today.
3. At the time of filing the Appeal, the second respondent was minor. It is brought to our notice that she is attained majority.
4. In view of the above, the award of Rs.33,00,000/- (Rupees Thirty Three Lakhs only) shall be shared equally by the respondents 1 and 2 / claimants. Insofar as the second respondent is concerned, the Tribunal shall award payment out, on being an application filed, declaring major petition before the Tribunal. On such deposit being made by the Transport Corporation, the respondents / claimants are permitted to withdraw their shares as apportioned by this Court, by filing appropriate application before the Tribunal, less the amount, if any, which has already been withdrawn by the claimants.
The Managing Director Tamil Nadu State Transport Corporation, No.37, Mettupalayam Road, Coimbatore District - 641 043.
Counsel for the Appellant/s Murugesan Minor.Pon Sathya (Minor 2nd Respondent Represented through her grand father and guardian the Thandapani).
Praveen United India Insurance Co Ltd, Represented by its Divisional Manager, Divisional Office, at No.7A, West Veli Streeet, Madurai - 625 001.
Counsel for the Respondent/s 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 SPECIAL DISTRICT COURT TO DEAL WITH MCOP CASES, 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 LS/AM/GVN PA To The Hon'ble Judges