Madras High CourtCMA(MD)/1025/2025settled before the lokadalats

The Managing Director v. Santhi

2025-09-13Honourable Mrs Justice S.Ananthi (Retd.)5 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 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs.Justice S.ANANTHI (Retd.) Members Mr.V.R.Poobalan, District Judge(Retired), Mr.T.S.Mohamed Mohideen, Advocate CMA(MD) No.1025 of 2025 (Appeal against the judgment and decree passed on 28.03.2024 made in MCOP.54 of 2018 on the file of the Motor Accident Claims Tribunal cum Sub Court, Eraniel) The Managing Director, Tamil Nadu State Transport Corporation Limited, Ranithottam, Nagercoil, Kanyakumari District. ....Appellant/s

Versus

1.Santhi 2.Minor.Priyanka 3.Minor.Priyadharsini D/o. Rajan (Minor respondents 2 & 3 are represented through her mother 1st respondent) Mani (Died) 4.Gandhimathi W/o.Mani, Respondents 1 to 4 are residing at Door No.1-97 C, Puliyanvilai, Manakarai Post, 5.Selvakumar, S/o.Mani, 6.Jeyakumar S/o.Mani, Respondents 5 & 6 are residing at

Door No.1-81, Veladampavillai, Puliyanvilai, Manakarai Post, 7.Jeeva, W/o.Suresh Kumar, Door No.12/30, Saralvillai, Kalkuttam Village, Kalkulam Taluk, 8.Suresh Kumar, S/o.Chinnaiyan, Manilithattuvillai, Eraniyapuram Post, Vilavancode Taluk, 9.The Branch Manager, United India Insurance Company Limited, Kulachal Road, Thigal Nagar Road, Neiyur Post, Thigal Nagar Village, Kalkulam Taluk, Kanyakumari District. ...Respondent/s case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.S.Michael Heldon Kumar and the counsel for the respondents 1 to 6 Mr.M.Chenthil Kumar 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 respecive counsels are present and they arrived at an amicable settlement for a sum of Rs.15,00,000/- [Rupees Fifteen Lakhs only] as full quit. The first respondent is entitled to a sum of Rs.10,00,000/- [Rupees Ten Lakhs only], the respondents 2 & 3 are entitled to Rs.2,00,000/- each, Respondent No.4 is entitled to Rs. 1,00,000/- [Rupees One Lakh only]. The respondents 5 to 7 who are present today agreed for the above settlement.

2.It is submitted that Rs.25,000/- [Rupees Twenty Five Thousand] has already been deposited before the Tribunal. The appellant is directed to deposit the remaining amount of Rs.14,75,000/- [Rupees Fourteen Lakhs and Seventy Five Thousand only], within a period of four [4] weeks from today.

3.The first respondent is permitted to withdraw her share as agreed to above, less the amount if any already withdrawn, on filing proper petition before the Tribunal. The Tribunal is directed to deposit the share amount of the respondents 2 & 3 / minor claimants ie., Rs.2,00,000/-, each [Rupees Two Lakh only] in a Nationalised Bank in an interest bearing account, which shall be withdrawn by the respondents 2 & 3 / minor claimants, on attaining majority.

The Managing Director, Tamil Nadu State Transport Corporation Limited, Ranithottam, Nagercoil, Counsel for the Appellant 1.Santhi 2.Minor Priyanka 3.Minir Priyadharsini Mani (Died) 4.Gandhimathi, W/o.Mani, Respondents 1 to 4 are residing at Door No.1-97 C, Puliyanvilai, Manakarai Post, 5.Selvakumar S/o.Mani 6.Jeyakumar

S/o.Mani, Respondents 5 & 6 are residing at Door No.1-81, Veladampavillai, Puliyanvilai, Manakarai Post, 7.Jeeva, W/o.Suresh Kumar, Door No.12/30, Saralvillai, Kalkuttam Village, Kalkulam Taluk, 8.Suresh Kumar, S/o.Chinnaiyan, Manilithattuvillai, Eraniyapuram Post, Vilavancode Taluk, 9.The Branch Manager, United India Insurance Company Limited, Kulachal Road, Thigal Nagar Road, Neiyur Post, Thigal Nagar Village, Kalkulam Taluk, Counsel for the Respondents 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 Motor Accident Claims Tribunal cum Sub Court, Eraniel.

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