Citation : 2023 Latest Caselaw 2281 Mad
Judgement Date : 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
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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
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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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