The Managing Director vs Valarmathy
2021 Latest Caselaw 5504 Mad

Citation : 2021 Latest Caselaw 5504 Mad
Judgement Date : 2 March, 2021

Madras High Court

The Managing Director vs Valarmathy on 2 March, 2021

                                                                 1

                                    HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
                       National Lok Adalat organised by the High Court Legal Services Committee
                                              Saturday, the 12th day of March, 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 B.GOKULDAS (Retd.)
                                                         and
                     Members

                                  Mr.M.SAMBASIVAM

                                  Mrs.K.AKILANDESHWARI

                                                     CMA No.SR24635 of 2022

                                  (Appeal against the Judgment and decree dated 02.03.2021 in
                     M.C.O.P.No.165 of 2020 on the file of Motor Accident Claim Tribunal,
                     Additional Subordinate Judge, Vridhachalam.


                     The Managing Director,
                     Tamil Nadu State Transport Corporation Ltd.,
                     Vazhudareddy, Villupuram.
                                                                                            ...Appellant

                                                           Vs.
                     1. Valarmathy
                     2. Subramaniyan                                                   ...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.G.Saravanakumr, learned counsel for appellant/Transport Corporation and Mr.S.Udayakumar, learned counsel for the respondents are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT

The Tribunal has awarded a sum of Rs.10,66,600/- 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 /

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.10,25,000/- (Rupees Ten Lakhs

and Twenty five Thousand only) in full quit (inclusive of interest) as

compensation.

3. The appellant / Transport Corporation is directed to deposit the

above said accepted award amount of Rs.10,25,000/- (Rupees Ten Lakhs and

Twenty Five Thousand only), after deducting the amount already deposited if

any, within a period of Twelve weeks from the date of receipt of a copy of

this award. On such deposit, the claimant/first respondent is permitted to

withdraw the modified amount of Rs.5,25,000/- and the second respondent is

permitted to withdraw the amount of Rs.5,00,000/- without filing any formal

petition. Award is passed accordingly.

4. The Tribunal is directed to transfer the amount through RTGS/NEFT

to the parties concerned 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. The connected

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miscellaneous petition is closed, if any.

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 Ltd., Vazhudareddy, Villupuram. Counsel for the Appellant

1. Valarmathy

2. Subramaniyan Counsel for the respondents

To:

The parties/Advocate concerned

Copy to:

1.The Motor Accidents Claims Tribunal, Additional Subordinate Judge, Vridhachalam.

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 kmi/ms

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

B.GOKULDAS,J. (Retd.)