Disposed

The Managing Director v. Eswari

Madras HC22 Apr 2018CMA/2345/2013

Case brief

AI extract

What is this about?

In an appeal arising from a motor accident claim settlement, the National Lok Adalat approved a compromise between the Transport Corporation and the respondents. The court ordered the appellant to deposit the awarded sum less Rs. 1 lakh and permitted the payment via RTGS upon apportionment.

What did the court decide?

Appellant directed to deposit award amount less Rs. 1,00,000/- via RTGS after apportionment; court fee refunded to appellant.

The Managing Director Vs Eswari — Contract and Commercial Disputes | Madras HC (2018)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Sunday, the 22^nd day of April 2018

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NATIONAL 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 S.M.SUBRAMANIAM

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and

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Members

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Mrs.Kanmani Selvam
Mr.M.Baskar
C.M.A.No.2345 of 2013
(Appeal against the judgment and decree passed on 29.08.2012 in
M.C.O.P.No.142 of 2011 on the file of the Motor Accidents Claims Tribunal, Additional
District Judge No.III, Salem)
The Managing Director
Tamil Nadu Transport Corporation Ltd.,
Salem. ..Appellant
/vs/
1. Easwari
2. Minor Shanmugapriya
3. Minor Baranisiva
4. Ponnammal
5. Palanisamy ..Respondents

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This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Venkatachalam, learned counsel for appellant and Mr.P.Sethuramalingam, learned counsel for the respondents 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 Tribunal has awarded a sum of Rs.6,99,000/- along with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the appellant/Transport Corporation preferred this Appeal.

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The learned counsel for the appellant submitted that the amount of Rs.5,25,000/- had already deposited before the Tribunal.

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The respective parties have agreed to settle the entire award amount along

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with accrued interest, by deducting a sum of Rs.1,00,000/-.

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The learned counsel for the respondents submitted that at the time of filing the claim petition, the respondents 2 and 3 were minors and now, they have attaiend http://www.judis.nic.in the age of majority.

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S.M.SUBRAMANIAM.J.,

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mk/kak

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Thus, the appellant/Transport Corporation is directed to deposit the entire

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award amount along with accrued interest, by deducting a sum of Rs.1,00,000/-.

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On such deposits, the claimants are permitted to withdraw the amount, as apportioned by the Tribunal, by filing an appropriate application before the Tribunal concerned and the payment is to be made through RTGS. Accordingly, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petitions are closed, if any.

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The Managing Director
Tamil Nadu Transport Corporation Ltd.,
Salem. Counsel for the Appellant
1. Easwari
2. Minor Shanmugapriya
3. Minor Baranisiva
4. Ponnammal
5. Palanisamy Counsel for respondents

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

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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.

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Judge
Member Member

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To:The parties/Advocate concerned

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Copy to:

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1.The Motor Accidents Claims Tribunal, IIIrd Additional District Court, Salem. 2.The Secretary, High Court Legal Services Committee, Chennai.

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3.The Section Officer, V.R.Section, High Court, Madras.

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4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

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C.M.A.No.2345 of 2013

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http://www.judis.nic.in

The Managing Director v. Eswari

Case brief

What is this about?

What did the court decide?

The Managing Director v. Eswari

Case brief

What is this about?

What did the court decide?

What the court decided

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