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The Managing Director vs R.Umapathy (Died)
2023 Latest Caselaw 2281 Mad

Citation : 2023 Latest Caselaw 2281 Mad
Judgement Date : 11 March, 2023

Madras High Court
The Managing Director vs R.Umapathy (Died) on 11 March, 2023
                                                     1
                        HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
              National Lok Adalat organised by the High Court Legal Services Committee
                                Saturday, the 11th day of March 2023
                                       LOK ADALAT AWARD
                    (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
           Presided over by
                   The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI
                                                        and
           Members

                  Mr.N.Balasubramanian
                  District Judge (Retd.)

                  Mr.E.V.Chandru
                  Advocate


                                      C.M.A.SR.No.19059 of 2015

                   (Appeal against the judgment and decree passed on 13.06.2011 made

           in M.C.O.P.No.99 of 2009 on the file of the Motor Accidents Claims Tribunal,

           Subordinate Judge, Poonamallee.

           The Managing Director,
           Metropolitan Transport
           Corporation Ltd.,
           Chennai - 600 002.                                              .. Appellant
                                                    Vs.
           1.R.Umapathy (died)
           2.U.Sulochana
           3.Minor U.Yamini
           4.Minor U.Dharshini
           [R3 and R4 represented by their mother and
           natural guardian Mrs.U.Sulochana]
           5.G.Ragavel                                              .. Respondent
           [R2 to R5 impleaded vide order dated 11.03.2023
           in W.M.P.No.           of 2023]


                  This case came up for settlement before the National Lok Adalat. The

           learned counsel for the appellant Mr.A.Vinothraj and the learned counsel for the

           respondents 2 to 5, Ms.N.Geetha 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
                                                      2
                                           TERMS OF SETTLEMENT

                          Both the parties and their respective counsel are present.


                          2. The Tribunal has awarded a sum of Rs.1,40,800/-(Rupees One
                Lakh Forty Thousand Eight Hundred only) with interest at 7.5% p.a. from
                the date of petition till the date of deposit as compensation.


                          3. Aggrieved by the award, the appellant/Transport Corporation has
                preferred the present appeal. Now the Claimants have agreed to receive
                a sum of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only)
                in full quit, which is also acceptable to the appellant.


                          4. The Appellant/Transport Corporation is directed to deposit the
                award amount now ordered after deducting any amount already
                deposited, within a period of twelve weeks from the date of receipt of a
                copy of this order. On such deposit, the claimants are entitled to withdraw
                the award amount as per the apportionment given below:
                                  2nd respondent - Rs.1,00,000/-
                                  3rd respondent - Rs.50,000/-
                                  4th respondent - Rs.50,000/-
                                  5th respondent - Rs.25,000/-


                          5. The share of the minor claimants/3rd and 4th respondents shall
                be deposited in any Nationalized Bank till the minors attain majority.


                          6. The Tribunal is directed to issue the award amount through
                NEFT/RTGS to the party 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.


https://www.mhc.tn.gov.in/judis
                                                       3



                The Managing Director,
                Metropolitan Transport
                Corporation Ltd.,
                Chennai - 600 002.                                Counsel for the appellant



                1.U.Sulochana


                2.Minor U.Yamini


                3.Minor U.Dharshini
                [R3 and R4 represented by their mother and
                natural guardian Mrs.U.Sulochana]


                                                      Counsel for the respondents 2 to 5


                      This National Lok Adalat award is passed in terms of the above
                settlement.



                          The Court fee paid shall be refunded to the parties in the manner

                provided under 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


                                                        K.GOVINDARAJAN THILAKAVADI, J.

sp

To The parties/Advocate concerned

Copy to:

1. The Motor Accidents Claims Tribunal/ Subordinate Judge, Poonamallee.

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.

C.M.A.SR.No.19059 of 2015

11.03.2023 (2/2) https://www.mhc.tn.gov.in/judis

 
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