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Madras High CourtCMA(MD)/1033/2022settled before the lokadalats

The Managing Director v. V.Karupaiah

2023-07-08Honourable Mr Justice P.Dhanabal2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of July 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice P.DHANABAL and Members MR.K.R.MATHURA SEKARAN, DISTRICT JUDGE (RETD.) MR.P.R.BALASUBRAMANIAN, ADVOCATE CMA(MD) No.1033 of 2022 (Appeal against the judgment and decree passed on 03/12/2021 in MCOP.231/2019 on the file of the ADDITIONAL DISTRICT JUDGE (FTC), THENI) THE MANAGING DIRECTOR Tamil Nadu State Transport Corporation Ltd, Bye Pass Road, Madurai-625 010.

...Appellant

Versus

V.KARUPAIAH S/o.Veeranathevar,101, Confort Yard Street, Allinagaram, Theni Taluk, Theni District. K.Pavunthai, W/o.Karuppaiah,101, Confort Yard Street, Allinagaram, Theni Taluk, Theni District. Manikandan, S/o.Kaillasam,Gandhi Nagar, Allinagaram, Theni District. M/s.MAGMA HDI General Insurance Company Ltd, Through its Branch Manager, Navins Presidium, 3rd Floor, N.M.Road, New No.17/19, Old No.103, B Block, 3A, Nelson Manickam Road,Chennai-29.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.K.A.THIRUMALAIAPPAN and the counsel for the respondents 1 and 2, Mr.C.Pandithurai 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 present along with their respective counsels. After negotiation, they have arrived at a settlement for a sum of Rs.9,07,000/- (Rupees nine lakhs seven thousand only) in full quit.

2. It is represented that the appellant Transport Corporation has already deposited a sum of Rs. 25,000/- (Rupees twenty five thousand only) before the Tribunal. The appellant/Transport Corporation has agreed 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% p.a.. Out of the said amount, the first claimant is entitled to Rs.4,57,000/- (Rupees four lakhs fifty seven https://www.mhc.tn.gov.in/judis

thousand only) and the 2nd claimant is entitled to Rs.4,50,000/- (Rupees four lakhs fifty thousand only). On such deposit being made, the respondents 1 and 2/claimants are permitted to withdraw their respective share. THE MANAGING DIRECTOR Counsel for the Appellant V.KARUPAIAH K.Pavunthai 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. ADDITIONAL DISTRICT JUDGE (FTC), THENI.

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 O.G.C.YOGESWARI PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis