Allowed

The Managing Director,Tn State v. Mrs.Muthammal

Madras HC28 Jan 2016CMA/1141/2004

Case brief

AI extract

What is this about?

A Lok Adalat organized by the High Court Legal Services Committee, Chennai, settled a motor accident claims appeal. The appellant agreed to pay Rs. 3,35,000 with interest to the respondents, permitting them to withdraw the amount. The appeal was disposed of based on the compromise.

What did the court decide?

Appellant directed to pay Rs. 3,35,000 with interest; respondents permitted to withdraw amount; appeal disposed of.

The Managing Director,Tn State Vs Mrs.Muthammal — Motor Accident Claims | Madras HC (2016)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

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Lok Adalat- I organised by the High Court Legal Services Committee

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Thursday, the 28^th day of January, 2016

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LOK ADALAT AWARD

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(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

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Presided over by

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The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and

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Members

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Mr.K.Ramasamy Mrs.G.A.Girija

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C.M.A.No.1141 of 2004 (Appeal against the Judgment and decree passed on 25.09.2003 in MCOP.No.3521 of 1997 on the file of Motor Accidents Claims Tribunal,(Chief Court of Small Causes) Chennai). The Managing Director, Tamilnadu State Transport Corporation Villupuram Division-II Limited, Vellore, Vellore-2. ...Appellant Vs. 1.Muthammal 2.Elumalai ...Respondents

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This case came up for settlement before the Lok Adalat. The learned counsel for the appellant, Mr.K.J.Sivakumar and the learned counsel for the respondents, Mr.K.Sivakumar, 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

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The appeal in C.M.A.No.1141 of 2004 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No.3521 of 1997 on the file of Motor Accidents Claims Tribunal,(Chief Court of Small Causes) Chennai has been https://hcservices.ecourts.gov.in/hcservices/ referred to Lok Adalat for conciliation today.

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Both the parties are present with their respective counsel.

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The Tribunal has awarded a sum of Rs.3,95,000/- with interest at the rate of 9% p.a. from the date of petition till the date of deposit. It is represented by the appellant/Transport Corporation that they had deposited the entire award amount in the Tribunal.

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Aggrieved against the award of the Tribunal, the appellant/Transport Corporation has preferred the present appeal.

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After great deliberation and discussion, both the parties have arrived at a compromise. In view of the compromise arrived at between both the parties, the Lok Adalat hereby declare and decree that the appellant/Transport Corporation shall pay a sum of Rs.3,35,000/-(Rupees Three Lakhs and Thirty Five Thousands only) with interest as ordered by the Trial Court till the date of deposit of the amount and on deposit of the said amount, the respondents/claimants 1 and 2 are permitted to withdraw the compromised amount along with accrued bank interest, if any, after deducting the amount already withdrawn if any immediately without filing any formal petition.

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The appellant/Transport Corporation is permitted to withdraw the balance amount standing to the credit of this proceeding after settlement of the amount due to the respondents/claimants 1 and 2. Award is passed accordingly. Consequently, connected miscellaneous petition, if any, is closed.

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The Tribunal is directed to issue the cheques to the parties concerned on proper identification by their counsel concerned appearing before the Tribunal, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly.

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Sd/The Managing Director, Tamilnadu State Transport Corporation Villupuram Division-II Limited, Vellore, Vellore-2.

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Sd/-

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Counsel for the Appellant

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Sd/1.Muthammal Sd/Sd/https://hcservices.ecourts.gov.in/hcservices/ 2.Elumalai Counsel for the Respondents

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

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The Court fee paid shall be refunded to the appellant 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.

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Sd/-
Sd/- Judge Sd/-
Member Member
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
Gv
To
The parties/Advocate concerned
Copy to
1.The Motor Accidents Claims Tribunal, (Chief Court of Small
Causes) 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.
C.M.A.No.1141 of 2004
MP(CO)
EU 23.02.16

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https://hcservices.ecourts.gov.in/hcservices/

The Managing Director,Tn State v. Mrs.Muthammal

Case brief

What is this about?

What did the court decide?

The Managing Director,Tn State v. Mrs.Muthammal

Case brief

What is this about?

What did the court decide?

What the court decided

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