Allowed

The Managing Director v. Nageshwari

Madras HC14 Oct 2023CMA/2988/2022

Case brief

AI extract

What is this about?

A National Lok Adalat settled a motor accident claim dispute between the Metropolitan Transport Corporation and two claimants. The parties agreed to a lump sum payment alongside accrued interest to resolve the appeal against the Tribunal's decision.

What did the court decide?

Settlement for Rs. 31,10,000 as full quit; balance to be deposited within 12 weeks; cross-objection allowed by operation of law; court fees refundable.

The Managing Director Vs Nageshwari — Motor Accident Claims | Madras HC (2023)

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C.M.A.No.2988 of 2022

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14^th day of October, 2023 NATIONAL LOK ADALAT AWARD (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 D.BHARATHA CHAKRAVARTHY and

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Members :

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Mr.N.Balasubramanian (Retd. District Judge) Mrs.V.Nalini (Advocate)

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C.M.A.No.2988 of 2022

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(Appeal against the judgment and decree, dated 28.03.2022 made in M.C.O.P.No.3077 of 2018 on the file of the Motor Accident Claims Tribunal (IV Court of Small Causes, Chennai.)

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The Managing Director, Metropolitan Transport Corporation Ltd., Chennai – 2. ... Appellant / Respondent

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Versus

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Nageswari

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Lavanya ... Respondents / Claimants

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This case came up for settlement before the Lok Adalat. Mr.A.Vinothraj, learned counsel for the appellant and Mr.S.Haridass, learned Counsel for the respondents. After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows:

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

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C.M.A.No.2988 of 2022

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TERMS OF SETTLEMENT

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Both the parties voluntarily have come to the settlement before the Lok Adalat as follows :

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(i) As against the award amount of Rs.25,02,500/- with further interest at the rate of 7.5% per annum, the parties have agreed to settle for a sum of Rs.31,10,000/- as full quit;

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(ii) Out of the said sum, already a sum of Rs.17,02,034/- has been deposited by the Transport Corporation. The balance sum of Rs.14,07,966/shall be deposited by the Transport Corporation to the credit of M.C.O.P.No.3077 of 2018 on the file of the Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai within a period of 12 weeks from today;

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(iii) Upon such deposit, the claimant(s) is / are entitled to withdraw their respective share in the same proportion as ordered by the Trial Court. The amount along with accrued interest, if any, shall be paid out to the claimant(s) without filing any formal application and only upon verification of their identity as per the apportionment to be made by the Tribunal.

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The Managing Director, Metropolitan Transport Corporation Ltd., Chennai – 2. Counsel for the Appellant

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Nageswari

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Lavanya Counsel for the Respondents

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2/4

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

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C.M.A.No.2988 of 2022

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This Lok Adalat award is passed in terms of the above

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settlement.

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The full court fee paid shall be refunded to the appellant in the manner provided under Section 71-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 2 r/w 25 of LSA Act 1987 as amended in 1994.

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Judge

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Member Member

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To: The parties/Advocate concerned

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Copy to:

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The Motor Accident Claims Tribunal, (IV Court of Small Causes, Chennai).

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The Secretary, High Court Legal Services Committee, Chennai.

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

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

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grs

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

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C.M.A.No.2988 of 2022

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D.Bharatha Chakravarthy, J.

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grs

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C.M.A.No.2988 of 2022

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14.10.2023

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

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The Managing Director v. Nageshwari

Case brief

What is this about?

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The Managing Director v. Nageshwari

Case brief

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