Madras High Court
The Managing Director vs Anbudass on 9 December, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Sunday, the 26th day of June, 2022
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE K.KUMARESH BABU
and
Members
Ms.V.AHALYA, District Judge (Retd.)
Mr.A.Kumana Raja
CMA.SR.No.54941 of 2022
Appeal against the Judgment and decree dated 09.12.2021 passed in
M.C.O.P.No.1902 of 2017 on the file of the Motor Accidents Claims Tribunal
Judge, (Special Sub Judge, Cuddalore).
The Managing Director,
Tamil Nadu State Transport Corporation
Kumbakonam Limited,
Railway Station New Road,
Kumbakonam. ...Appellant
Vs.
Anbudass
...Respondent
This case is taken up for settlement before the National Lok Adalat.
Both the parties are present. Mr.D.Venkatachalam, learned counsel for
appellant and Mr.Mira Aurobindo Cumar for Ms.Ramya V Rao, learned counsel
for the first respondent are present. After mutual discussion, negotiation,
mediation and conciliation between both parties, they arrived at a
compromise to settle the matter as follows:
https://www.mhc.tn.gov.in/judis
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TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.31,07,720/- with interest at
7.5% per annum from the date of petition till the date of decree and costs as
compensation. Aggrieved by the award of the Tribunal, the appellant/Tamil
Nadu State Transport Corporation had preferred the present appeal.
2.After due deliberation and consultation, both the parties have agreed
to modify the award to a sum of Rs.36,00,000/- (Rupees Thirty Six Lakh
only) in full quit (inclusive of interest) as compensation.
3.The appellant is directed to deposit the above said accepted award
amount of Rs.36,00,000/- (Rupees Thirty Six Lakh only), after deducting the
amount already deposited if any, within a period of twelve weeks from today.
4.On such deposit, the claimant/respondent is permitted to withdraw
the modified amount without filing any formal petition. Award is passed
accordingly.
5.The Tribunal is directed to transfer the amount through RTGS/NEFT
to the first respondent/claimant on proper identification in accordance with
the terms of the award, without insisting on any formal permission petition.
The Civil Miscellaneous Appeal is disposed of accordingly.
https://www.mhc.tn.gov.in/judis
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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 Tamil Nadu 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.
Judge
Member Member
The Managing Director,
Tamil Nadu State Transport Corporation
Kumbakonam Limited,
Railway Station New Road,
Kumbakonam. Counsel for the Appellant
Anbudass
Counsel for the respondent
To:
The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal,
(Special Sub Judge, Cuddalore).
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
pam
https://www.mhc.tn.gov.in/judis
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K.KUMARESH BABU, J.
pam
CMA.SR.No.54941 of 2022
26.06.2022
https://www.mhc.tn.gov.in/judis
