Disposed

The Managing Director v. Kumar

Madras HC12 Nov 2022CMA/2211/2022

Case brief

AI extract

What is this about?

The three-member High Court bench constituted a National Lok Adalat to resolve a civil miscellaneous appeal arising from a motor accident dispute. Both parties reached a compromise, settling the matter for Rs. 20,66,000/- through equal apportionment to the respondents.

What did the court decide?

-settlement amount of Rs.20,66,000/- to be deposited as full and final settlement; appeal and connected petitions disposed of.

The Managing Director Vs Kumar — Motor Accident Claims | Madras HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

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National Lok Adalat organised by the High Court Legal Services Committee

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Saturday, the 12^th day of November, 2022

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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 K.KUMARESH BABU

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and

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Members

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1.V.Saravanan 2. R.Ravindra Bose

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CMA No.2211 of 2022

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Appeal against the Judgment and decree dated 11.03.2021 passed in M.C.O.P.No.6921 of 2017 on the file of the Motor Accidents Claims Tribunal IV Small Causes Court, Chennai.

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The Managing Director, Tamil Nadu State Transport Coproration LTd., Villupuram Division - I. ... Appellant

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1.Kumar 2.Revathi 3.Balasundaram 4.Chandra ...Respondent

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This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.K.J.Sivakumar, learned counsel for the appellant and Mr.G.Purushothaman, learned counsel for the respondent is 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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Page Nos.1/4 https://www.mhc.tn.gov.in/judis

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TERMS OF SETTLEMENT

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The Tribunal has awarded a sum of Rs.18,75,600/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant/Transport Corporation had preferred the present appeal.

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The respondent is present before this National Lok Adalat through counsel. It has been agreed by the parties for full and final settlement of Rs.20,66,000/- (full quit). It is stated that the 3rd and 4th respondents, the father and the mother of the deceased Jayanthi had also died on 19.02.2021 and 12.11.2021 respectively and the death certificate evidencing the same has been produced before this Court which shall form the part of the record of the proceedings. The 1st and 2nd respondents are present and agreed to the equal apportionment amount of Rs.10,33,000/- each The appellant/ Transport Corporation shall deposit the entire amount, now awarded, less the amount, already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order.

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The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. The connected miscellaneous petitions are closed, if any.

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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.

Judge

Member

Member

Page Nos.2/4 https://www.mhc.tn.gov.in/judis

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Appellant

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The Managing Director, Tamil Nadu State Transport Coproration LTd., Villupuram Division - I.

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Counsel for the Appellant

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1.Kumar

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2.Revathi

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3.Balasundaram

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4.Chandra

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Counsel for the respondents

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To:

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The parties/Advocate concerned

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Copy to:

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1.Motor Accidents Claims Tribunal IV Small Causes Court, Chennai. 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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gba

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Page Nos.3/4 https://www.mhc.tn.gov.in/judis

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K.KUMARESH BABU, J.

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gba

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CMA No.2211 of 2022

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12.11.2022

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Page Nos.4/4 https://www.mhc.tn.gov.in/judis

The Managing Director v. Kumar

Case brief

What is this about?

What did the court decide?

The Managing Director v. Kumar

Case brief

What is this about?

What did the court decide?

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