Allowed

The Managing Director v. G.Jamuna

Madras HC28 Jan 2016CMA/813/2014

Case brief

AI extract

What is this about?

In a settlement reached during a Lok Adalat proceeding, Motor Accident claims Tribunal dispute was resolved to a lump sum of Rs.13,00,000/- paid by the appellant Transport Corporation to the respondents, with specific directions for share distribution and interest calculations, leading to the dismissal of the pending appeal.

What did the court decide?

Appellant directed to deposit Rs.13,00,000/-; appeal dismissed by consent; settlement terms finalized for cheque issuance and minor share investment.

The Managing Director Vs G.Jamuna — 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 Members Mr.K.Ramasamy Mrs.G.A.Girija C.M.A.No.813 of 2014 (Appeal against the Judgment and decree passed on 25.07.2013 in MCOP.No.912 of 2010 on the file of Motor Accidents Claims Tribunal,(II Court of Small Causes) Chennai). The Managing Director, Tamilnadu State Transport Corporation(VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy, Villupuram. ...Appellant Vs.

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1.G.Jamuna 2.G.Pooja(minor) 3.G.Surya Narayanan(minor) (minor/Respondents 2 & 3 are rep. by their mother/G.Jamuna) 4.V.Kanniappan 5.Mrs.Saraswathi ...Respondents

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On representation of the learned counsel for the claimants, this case is taken 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.S. Harridass, 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.813 of 2014 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No.912 of 2010 on the file of Motor Accidents Claims https://hcservices.ecourts.gov.in/hcservices/ Tribunal,(II Court of Small Causes) Chennai has been referred

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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.13,75,000/- with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. It is represented by the appellant/Transport Corporation that they had deposited only a portion of the 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 compromised the disputed claim at Rs.13,00,000/(Rupees Thirteen Lakhs only) in full quit (inclusive of interest).

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The appellant/Transport Corporation is directed to deposit the compromised award amount within a period of four weeks from the date of receipt of a copy of this order, less the amount already deposited. On such deposit, the respondents/claimants 1 to 5 are entitled to share the modified award amount in the same ratio apportioned by the Tribunal. Respondents 1, 4 and 5 are permitted to withdraw their respective shares without filing any formal petition. The share of minor/respondents 2 and 3 shall be invested in anyone of the nationalised banks in re-investment scheme till they attain majority. On attaining the age of majority, the minor/respondents 2 and 3 are permitted to withdraw their respective shares on production of age proof certificate before the Tribunal.The 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/-

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The Managing Director, Tamilnadu State Transport Corporation(VPM) Ltd., No.3/137, Salamedu, Vazhuthareddy, Sd/Villupuram. Counsel for the Appellant

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Sd/-

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1.G.Jamuna https://hcservices.ecourts.gov.in/hcservices/

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Sd/2.G.Pooja(minor) Sd/3.G.Surya Narayanan(minor) (minor/Respondents 2 & 3 are rep. by their mother/G.Jamuna) Sd/4.V.Kanniappan LTI Sd/5.Mrs.Saraswathi Counsel for the Respondents

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This Lok Adalat award is passed in terms of the above settlement. 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(J)
//True Copy//
Sub Assistant Registrar
To
The parties/Advocate concerned
Copy to
1.The Motor Accidents Claims Tribunal, (II 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.+2 copies.
Gv
C.M.A.No.813 of 2014
cnr co
kra 24.02.2016

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

The Managing Director v. G.Jamuna

Case brief

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What did the court decide?

The Managing Director v. G.Jamuna

Case brief

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