Madras High Court
The Managing Director vs T.Gajendran 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 12th 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.39685 of 2023
(Appeal against the judgment and decree passed on 08.12.2022 made in
MCOP.No.2365 of 2018 on the file of the Motor Accidents Claims Tribunal
Special Sub Court No.1 Motor Accidents Claims Petitions) Small Causes Court,
Chennai.
The Managing Director,
Tamil Nadu State Transport Corporation (VPM) Ltd,
Vellore Region No.9 Rangapuram,
Vellore - 632 009. .. Appellant
/versus/
T.Gajendran .. Respondent
This case is taken up for settlement before this Lok Adalat. Both the
parties are present. Mr.C.RSureshkumar, learned counsel for appellant and
Mr.S.Haridass, learned counsel for the 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.4,16,400/- 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. Not satisfied with the award of the Tribunal, the appellant/Transport
Corporation has preferred the present appeal for modification. Now, both the
parties have agreed to a sum of Rs.5,08,000/- (Rupees Five Lakhs Eight
Thousand only) in full quit (inclusive of interest).
3. The learned counsel for the appellant submitted that the appellant/
Transport Corporation has already deposited the tribunal award amount of
Rs.25,000/- (Rupees Twenty Five Thousand only).
4. The appellant/Transport Corporation is directed to deposit the balance
amount of Rs.4,83,000/- (Rupees Four Lakhs Eighty Three Thousand Only) in
full quit (inclusive of interest), within a period of eight weeks from the date of
receipt of a copy of this order. On deposit of the aforesaid enhanced amount by
the Appellant/Transport Corporation, the Respondent is permitted to withdraw
the same, without filing any formal petition. The Award is passed accordingly.
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5. 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.
6. Since, the matter has been settled between the parties as far as the
C.M.P's are concerned, Registry is directed to list this case before the concerned
Court for appropriate orders.
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Villupuram Limited,
Vellore Region No.9 Rangapuram,
Vellore - 632009. Counsel for the Appellant
T.Gajendran Counsel for the respondent
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
https://www.mhc.tn.gov.in/judis
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J.SATHYA NARAYANA PRASAD, J.
vm/dpq
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal, Special Sub Court No.1 Motor
Accidents Claims Petitions) Small Causes Court, 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.+2 copies
C.M.A.SR.No.39685 of 2023
Dated :12.08.2023
https://www.mhc.tn.gov.in/judis
