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Madras High CourtCMA(MD)/1019/2025settled before the lokadalats

The Managing Director v. Mary,

2025-09-13Honourable Mrs Justice S.Ananthi (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of September 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of 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.T.S.Mohamed Mohideen, Advocate CMA(MD) No.1019 of 2025 (Appeal against the judgment and decree passed on 21.02.2023 in MCOP.103 of 2014 on the file of the Motor Accident Claims Tribunal cum Sub Court, Kuzhithurai.) The Managing Director, Tamil Nadu State Transport Corporation, Ranithottam Depot, Nesamony Nagar, Nagarcoil, Agasteeswaram Taluk, Kanyakumari District.

..Appellant/s

Versus

1.Mary, W/o.John Selvaraj, Thundathuvilai, Manchadi, Valvachagoshtam A-Village, Kalkulam Taluk, Kanyakumari District, now residing at, Door No.1-1P, Mamoottukadai, Nattalam Post, Nattalam Village, Vilavancode Taluk, Kanyakumari District.

2.Albin John, S/o.John Selvaraj, Thundathuvilai, Manchadi, Valvachagoshtam A-Village, Kalkulam Taluk, Kanyakumari District, now residing at, Door No.1-1P, Mamoottukadai, Nattalam Post, Nattalam Village, Vilavancode Taluk, Kanyakumari District.

3.Kumar 4.Gobu

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.S.Michael Heldon Kumar and the counsel for the first respondent Mr.E.J.Daniel Robinson for Mr.A.Robinson, 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 and they arrived at an amicable settlement for a sum of Rs.38,25,000/- [Rupees Thirty Eight Lakhs and Twenty Five Thousand only] as full quit. The first respondent is entitled to Rs.25,00,000/- [Rupees Twenty Five Lakhs only] and the second respondent is entitled to Rs.13,25,000/- [Rupees Thirteen Lakhs and Twenty Five Thousands only]. Teh second respondent appeared through virtual mode and agreed to for the above settlement. 2.It is submitted that already a sum of Rs.41,63,822/- [Rupees Forty One Lakhs Sixty Three Thousand Eight Hundred and Twenty Two only] with interest has been deposited before the Tribunal. The respondents/claimants are permitted to withdraw the amounts as agreed to above, on filing proper application before the Tribunal. The appellant is permitted to withdraw the balance amount, if any. The Managing Director, Tamil Nadu State Transport Corporation, Ranithottam Depot, Nesamony Nagar, Nagarcoil, Agasteeswaram Taluk, Kanyakumari District.

Counsel for the Appellant/s 1.Mary, W/o.John Selvaraj, Thundathuvilai, Manchadi, Valvachagoshtam A-Village, Kalkulam Taluk, Kanyakumari District, now residing at, Door No.1-1P, Mamoottukadai, Nattalam Post, Nattalam Village, Vilavancode Taluk, Kanyakumari District.

2.Albin John, S/o.John Selvaraj, Thundathuvilai, Manchadi, Valvachagoshtam A-Village, Kalkulam Taluk, Kanyakumari District, now residing at, Door No.1-1P, Mamoottukadai, Nattalam Post, Nattalam Village, Vilavancode Taluk, Kanyakumari District.

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. Motor Accident Claims Tribunal cum Sub Court, Kuzhithurai.

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 MR/CMR/MM PA To The Hon'ble Judges