Disposed

M.Mayakrishnan( Died) v. the Managing Director

Madras HC9 Dec 2023CMA/110/2020

Case brief

AI extract

What is this about?

Civil Miscellaneous Appeals arising from a Motor Accident Claim Tribunal award were settled before a Lok Adalat. The parties agreed to a compromise settlement of Rs.14,00,000/- for the claimants. The awards were disposed of accordingly based on this settlement terms.

What did the court decide?

Settlement of Rs.14,00,000/- agreed; appeals dismissed with consent; award amount to be transferred via NEFT/RTGS.

M.Mayakrishnan( Died) Vs the Managing Director — Civil Procedure and Limitation | Madras HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 09^th day of December 2023

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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 Honourable Mr.JUSTICE C.KUMARAPPAN

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and

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Members : 1.Mr.K.Ramakrishnan, District Judge (Retd.) 2.Mr.K.Ethirajalu, Advocate

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C.M.A.Nos.110 & 1358 of 2020

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Civil Miscellaneous Appeals are filed against the award made in M.C.O.P.No.2856 of 2016 dated 27.02.2019 on the file of the Motor Accident Claims Tribunal/Principal Special Judge, Special Court under EC & NDPS Act, Chennai.

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M.Mayakrishnan (died)

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1.Amirtham 2.Arul Selvi 3.Ganesan ... Appellant in CMA.No.110 of 2020/ Respondent in CMA.No.1358 of 2020

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(Appellants 1 to 3 are impleaded as per the order of this court dated 09.12.2023)

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Vs.

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The Managing Director Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai Chennai 600 002

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... Appellant in CMA.No.1358 of 2020/ Respondent in CMA.No.110 of 2020

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https://www.mhc.tn.gov.in/judis

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With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.M.Pachaiyappan, learned counsel for the Appellant in CMA.No.110 of 2020 and Respondent in CMA.No.1358 of 2020 and Dr.S.S.Swaminathan, learned counsel for the Appellant in CMA.No.1358 of 2020/Respondent in CMA.No.110 of 2020 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.10,97,000/- with interest at the rate of 7.5% per annum. Aggrieved by the said award, the parties have preferred the present appeals.

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2.When the matter is taken up for hearing, learned counsel for the Appellant/claimant in CMA.No.110 of 2020 represented that M.Mayakrishnan died on 31.07.2020 and he presented a Petition for impleading his legal representatives, who are the proposed Appellants/claimants viz., 1.Amirtham, 2.Arul Selvi and 3.Ganesan, alongwith condone delay and setaside the abatement Petitions. The Transport Corporation has no objection for the same. Hence all the Petitions, with regard to the same are ordered as prayed for. Registry is directed to carry out necessary amendment in the cause title.

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3.After due deliberation and consultation, both the parties mutually agreed to settle the matter for the compensation of Rs.14,00,000/- (Rupees fourteen lakh only) as full quit. Therefore, the Transport Corporation is directed to deposit the said compensation amount of Rs.14,00,000/- within a period of twelve (12) weeks from the date of receipt of a copy of this order, less the amount already deposited, if any, failing which, the award amount will carry interest at the rate of 7.5% per annum. On such deposit, the newly https://www.mhc.tn.gov.in/judis impleaded Appellants/claimants are permitted to withdraw their share as

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follows, without filing any formal petition:

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1.Amirtham - Rs.10,00,000/2.Arul Selvi -Rs.2,00,000/3.Ganesan -Rs.2,00,000/-

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4.The award amount shall be transferred to the Bank account of the respective claimants by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

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The Civil Miscellaneous Appeals are disposed of accordingly.

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1.Amirtham

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2.Arul Selvi

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3.Ganesan Counsel for claimants

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The Managing Director Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai Chennai 600 002

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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.

Judge

Member

Member

https://www.mhc.tn.gov.in/judis

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To: The parties/Advocate concerned Copy to:

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C.KUMARAPPAN, J.

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at/sai

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1.Motor Accidents Claim Tribunal/Principal Special Judge, Special Court under EC & NDPS Act, Chennai.

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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.Nos.110 & 1358 of 2020

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09.12.2023

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https://www.mhc.tn.gov.in/judis

M.Mayakrishnan( Died) v. the Managing Director

Case brief

What is this about?

What did the court decide?

M.Mayakrishnan( Died) v. the Managing Director

Case brief

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What did the court decide?

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