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The Managing Director vs S.Muthu
2023 Latest Caselaw 10298 Mad

Citation : 2023 Latest Caselaw 10298 Mad
Judgement Date : 12 August, 2023

Madras High Court
The Managing Director vs S.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 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.1001 of 2023

                      (Appeal against the judgment and decree passed on25.02.2022 made in
                MCOP.No.6059 of 2019 on the file of the Motor Accidents Claims Tribunal,
                Small Causes Court No-IV, Chennai.)

                The Managing Director,
                Tamil Nadu State Transport Corporation,
                Villupuram                                                 ..   Appellant
                                              /versus/

                S.Muthu                                                    ..   Respondent

                          This case is taken up for settlement before this Lok Adalat. Both the
                parties are present. Mr.C.R.Sureshkumar, learned counsel for appellant and
                Mr.K.Ravikumar, 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:



                                           TERMS OF SETTLEMENT

                          The Tribunal has awarded a sum of Rs.10,14,000/- with interest at the
https://www.mhc.tn.gov.in/judis
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                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.11,50,000/- (Rupees Eleven Lakhs Fifty

                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.11,25,000/- (Rupees Eleven Lakhs Twenty Five 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.



https://www.mhc.tn.gov.in/judis
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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 is concerned, Registry is directed to list this case before the concerned

                Court for appropriate orders.



                The Managing Director,
                Tamil Nadu State Transport Corporation,
                Villupuram                                               Counsel for the Appellant


                S.Muthu                                                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
                                                    4




                                                    J.SATHYA NARAYANA PRASAD, J.

vm/dpq

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Small Causes Court No-IV, 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.1001 of 2023

Dated :12.08.2023

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

 
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