Madras High Court
The Manager vs Mrs.Arockiyamary Muthu 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.36024 of 2023
(Appeal against the judgment and decree passed on 03.09.2022 made in
MCOP.No.8 of 2020 on the file of the Motor Accidents Claims Tribunal
Tribunal No.1,Tiruvallur, Special District Judge, Special District Court to deal
with MCOP cases No.1, Tiruvallur.
The Manager, TNSTC, Kacheepuram,
Villupuram Division Office, Bangalore,
Highways, Kancheepuram – 631 502. .. Appellant
/versus/
1. Mrs.Arockiyamary Muthu
2. Kasthuri
3. Minor Navin Raj
4. Minor Anu .. Respondents
This case is taken up for settlement before this Lok Adalat. Both the
parties are present. C.R.Sureshkumar, learned counsel for appellant and
Mr.K.A.Vimal Kumar, 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.29,11,600/- with interest at the
rate of 7.5% per annum as compensation to the Respondents/Claimants.
Challenging the same, the appellant/Transport Corporation has preferred this
appeal.
2. After due deliberation and consideration, both the parties have agreed
to enhance the amount of a sum of Rs.33,75,000/- as full quit without interest
as compensation. Out of the said award amount, the 1st Respondent/mother is
entitled to 10%, 2nd Respondent/wife is entitled to 70% and the Respondents 3
and 4 who are the minor son and daughters are entitled to 10% 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.33,50,000/- (Rupees Thirty Three Lakhs Fifty 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 the aforesaid award amount as apportioned above without filing any
formal petition. The shares of the Minor Respondents/Claimants shall be
deposited in any one of the Nationalised Banks in a fixed Deposit scheme till they
attain majority and the 2nd Respondent/mother of the minors is permitted to
withdraw the interest amount once in three months. Award is passed
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 Manager, TNSTC, Kacheepuram,
Villupuram Division Office, Bangalore,
Highways, Kancheepuram – 631 502. Counsel for the Appellant
1. Mrs.Arockiyamary Muthu
2. Kasthuri
3. Minor Navin Raj
4. Minor Anu 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,No.1, Tiruvallur, Special District
Judge,
Special District Court to deal with MCOP cases.
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.36024 of 2023
Dated :12.08.2023
https://www.mhc.tn.gov.in/judis
