Madras High Court
Tribunal vs M.Kavitha on 2 September, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat-I organised by the High Court Legal Services
Committee
Saturday, the 11th day of September, 2021
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.)
and
Members
1. Mr.K.Balasubramanian
2. Mrs.V.J.Latha
C.M.A.No.1245 of 2021
(Appeal against the Judgment and decree passed on 15.11.2019
made in M.C.O.P.No.147 of 2016 on the file of the Motor Accidents Claims
Tribunal, (II Court of Small Causes) Chennai).
The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd.,
No.12, Ramakrishna Road,
Salem – 7. .. Appellant
Vs.
1.M.Kavitha
2.Udhayakumar
3.A.Vaishnavi
4.C.Radha
5.C.Balaji
6.P.Prasanthi
7.K.Paunammal (died)
...Respondents
[R7 died memo filed dated 02.09.2021
vide Court order dated 07.09.2021]
https://www.mhc.tn.gov.in/judis/
On representation of the learned counsel on either side, this case is
taken up for settlement before the Lok Adalat. Mr.D.Raghu, learned
counsel for the appellant and Mr.Amar. D. Pandiya, 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:
TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.19,20,600/-with interest at
7.5% per annum from the date of petition till the date of deposit with
costs as compensation.
2.Both the parties, except R7 are present. R7 is said to have been
died.
3.The parties have filed a joint memo of compromise duly signed by
them and their Advocates.
4.The Civil Miscellaneous Appeal stands disposed of in terms of the
joint memo of compromise. Both the parties have agreed to settle for
Rs.19,00,000/- (Rupees Nineteen lakhs only) as full quit. Out of the
compensation amount arrived at by compromise, the respondents 1, 2, 3
and 6 shall receive a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each,
the 5th respondent shall receive a sum of Rs.5,00,000/- (Rupees Five
https://www.mhc.tn.gov.in/judis/
Lakhs only) and the balance amount of Rs.6,00,000/- (Rupees Six Lakhs
only) shall be received by the 4th respondent, who is the wife of the
deceased.
5.The appellant have already deposited a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only). The remaining amount of
Rs.18,75,000/- (Rupees Eighteen Lakhs and Seventy Five Thousand only)
shall be deposited by the appellant to the credit of M.C.O.P.No.147 of
2016 on the file of the Motor Accidents Claims Tribunal, (II Court of Small
Causes) Chennai, within a period of eight weeks from the date of receipt
of a copy of this order.
6.The joint memo of compromise shall form part of the Award.
The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd.,
No.12, Ramakrishna Road,
Salem – 7. Counsel for the Appellant
1.M.Kavitha
2.Udhayakumar
3.A.Vaishnavi
4.C.Radha
5.C.Balaji
6.P.Prasanthi Counsel for the respondents
https://www.mhc.tn.gov.in/judis/
This Lok Adalat award is passed in terms of the above settlement.
The 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
To
The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal,( (II Court of Small Causes)
Chennai.
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.
mkn
https://www.mhc.tn.gov.in/judis/
MALAISUBRAMANIAN, J.(Retd.)
mkn
C.M.A.No.1245 of 2021
11.09.2021
https://www.mhc.tn.gov.in/judis/
