Madras High Court
The Managing Director vs Aarthi (Deceased) on 12 August, 2023
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 12 th August 2023
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD
and
Members
Mr.M.Sambasivam, Judicial Officer (Retd.,)
Mr.S.Muthukumar, Advocate
C.M.A.Sr.No.75689 of 2023
(Appeal against the judgment and decree passed on 30.01.2023 made in
MCOP.No.54 of 2017 on the file of the Motor Accidents Claims Tribunal, Cum
Sub Court, Gingee.
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Kancheepuram. .. Appellant
/versus/
1.Aarthi (deceased)
2.Egambaram
3.Kodimayal
4.Minor Vishal
5. Minor Gokul .. Respondents
This case is taken up for settlement before this Lok Adalat. Both the
parties are present. Mr.C.R.Sureshkumar, learned counsel for appellants and
Mr.Kathiravan, 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.44,51,000/- with interest at the
rate of 7.5% per annum as compensation to the respondent/claimant.
Challenging the same, the appellant/Transport Corporation has preferred this
appeal.
2. After due deliberation and consideration, both the parties have agreed
to the amount of a sum of Rs.60,00,000/- as full quit without interest as
compensation. Out of the aforesaid award amount, the Respondents 2 and 3 are
entitled for a sum of Rs.10,00,000/- each and the Respondents 4 and 5 are
entitled for a sum of Rs.20,00,000/- each,
3. It is represented that already a sum of Rs.25,000/- has already been
deposited before the Trial Court.
4.The Appellant is directed to deposit the above said accepted award
amount of Rs.59,75,000/- (Rupees Fifty Nine Lakhs Seventy Five Thousand Only)
in full quit without interest, within a period of eight weeks from the date of
receipt of a copy of this award.
5. On such deposit, the Respondents/claimants 1 and 2 are permitted to
withdraw their shares as apportioned above without filing any formal petition and
the shares of the minor respondents viz.,Respondents 4 and 5 shall be deposited
in any of the nationalised banks in a fixed deposit scheme, till they attain
majority and the 1st Respondent who is the grand father of the minors is
permitted to withdraw the interest once in six months. Award is passed
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accordingly.
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6. 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 miscellaneous
petition is closed, if any.
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Kancheepuram. Counsel for the Appellant
Egambaram
Kodimayal
Minor Vishal
Minor Gokul 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 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
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J.SATHYA NARAYANA PRASAD, J.
dpq/kmm
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal cum Sub Court, Gingee.
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
C.M.A.Sr.No.75689 of 2023
Dated :12.08.2023
https://www.mhc.tn.gov.in/judis
