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The Managing Director vs S.Vasantha
2021 Latest Caselaw 25175 Mad

Citation : 2021 Latest Caselaw 25175 Mad
Judgement Date : 21 December, 2021

Madras High Court
The Managing Director vs S.Vasantha on 21 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 No. 45646 of 2022

                                  Appeal against the Judgment and decree dated 21.12.2021 passed in
                     M.C.O.P.No.3411 of 2017 on the file of the Motor Accidents Claims Tribunal
                     Judge, (Principal Sub Judge, Cuddalore).


                     The Managing Director,
                     Tamil Nadu State Express Transport Corporation Ltd,
                     No.2, Pallavan Salai,
                     Chennai.                                                        ...Appellant

                                                           Vs.
                     1. S.Vasantha
                     2. G.Aruna
                     3. S.Ezhilarasan
                                                                                     ...Respondents

                             This case is taken up for settlement before the National Lok Adalat.
                     Both the parties are present. Mr.K.Kathiresan, 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
                                                                 2
                                                    TERMS OF SETTLEMENT


                                  The Tribunal has awarded a sum of Rs.21,55,928/- 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.24,60,000/- (Rupees Twenty four Lakh

                     Sixty Thousand only) in full quit (inclusive of interest) as compensation.



                                  3.Accepting the same, it is also submitted that 25,000/- has been

                     already deposited to the credit of MCOP No.3411 of 2017, the appellant is

                     directed to deposit the above said accepted award amount of Rs.24,60,000/-

                     (Rupees Twenty Four Lakh Sixty Thousand only), after deducting the amount

                     already deposited if any, within a period of ten weeks from today.



                                  4.On such deposit, the first 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
                                                                3



                                  ■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 Express Transport Corporation Ltd,
                     No.2, Pallavan Salai,
                     Chennai.                                           Counsel for the Appellant



                     1. S.Vasantha
                     2. G.Aruna
                     3. S.Ezhilarasan
                                                                           Counsel for the respondents

                     To:
                     The parties/Advocate concerned

                     Copy to:

                     1.The Motor Accidents Claims Tribunal,
                       (Principal 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

                     Lpp

https://www.mhc.tn.gov.in/judis
                                  4


                                      K.KUMARESH BABU, J.

Lpp

CMA No.45646 of 2022

26.06.2022

https://www.mhc.tn.gov.in/judis

 
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