Madras High CourtCMA(MD)/1108/2022settled before the lokadalats

The Managing Director v. Chellameena

2023-06-10Honourable Mrs Justice S.Ananthi (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 10th day of June 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.ANANTHI (Retd.) and Members Mr.V.R.Poobalan District Judge (Retired) , Mr.R.Venkatesan Advocate CMA(MD) No.1108 of 2022 (Appeal against the judgment and decree passed on 17/02/2022 in MCOP.1556/2018 on the file of the Motor Accident Claims Tribunal / SPECIAL DISTRICT COURT TO DEAL WITH MCOP CASES, MADURAI) THE MANAGING DIRECTOR State Express Transport Corporation, 2, Pallavan Salai, Chennai-600 002. ...Appellant

Versus

1.CHELLAMEENA W/o.Koothaperumal, Maraniyendal, Alathur, Thirumangalam, Madurai. 2.Minor.Sudir S/o.Koothaperumal, Maraniyendal, Alathur, Thirumangalam, Madurai. 3.Minor. Sridhar S/o.Koothaperumal, Maraniyendal, Alathur, Thirumangalam, Madurai. (The Respondents 2 and 3 are minors represented by their mother and natural guardian Chellameena) 4.Asaithambi S/o.Alagan, Maraniyendal, Alathur, Thirumangalam, Madurai. 5.Mookkammal W/o.Asaithambi, Maraniyendal, Alathur, Thirumangalam, Madurai. 6.Panju D/o.Asaithambi,Maraniyendal, Alathur, Thirumangalam, Madurai. 7.Alagu S/o.Asaithambi,Maraniyendal, Alathur, Thirumangalam, Madurai. (The Respondents 6 and 7 are not necessary parties and that they are given up) ...Respondents 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 Mr.K.Ravi 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 appellant and the respondents are present and they agreed to settle the matter for a sum of Rs. 44,00,000/- (Rupees Forty Four Lakhs only) as full quit. The first respondent/wife is entitled for a sum of Rs. 18,00,000/- (Rupees Eighteen Lakhs only) and the 5th respondent/mother is entitled for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only). The second and third respondents are the minors and they are entitled to a sum of Rs.12,00,000/- (Rupees Twelve lakhs only) each.

2. The Appellant/Transport Corporation is directed to deposit the award amount of Rs.44,00,000/- within a period of twelve weeks from today, after deducting the amount already deposited by the appellant if any. On such deposit being made, the first and the fifth respondents are permitted to withdraw their share. In respect of the minors share, the amount shall be deposited in any one of the nationalized bank till they attain majority. The first respondent/mother is permitted to withdraw the accrued interest once in three months from the deposit.

3.This Lok Adalat award is passed in terms of the above settlement. 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. 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 MANAGING DIRECTOR State Express Transport Corporation, 2, Pallavan Salai, Chennai-600 002. ....Counsel for the Appellant 1.CHELLAMEENA 2.Minor.Sudir 3.Minor. Sridhar 4.Asaithambi 5.Mookkammal

6.Panju 7.Alagu Counsel for the Respondent/s 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 SUDHA PA To The Hon'ble Judges