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Madras High CourtCMA/1430/2023closed

The Managing Director v. A.M.Palani

2024-03-09Honourable Mr Justice M.Jeyapaul (Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, HIGH COURT MADRAS National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.JEYAPAUL (Retd.) and Members Mr.G.Dharmaraj, District Judge, (Retd.,) Mr.M.Muthukannan C.M.A.No.1430 of 2023 (Appeal against the Award and decree passed on 28.02.2022 in M.C.O.P.No.1429 of 2014 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court (MACT), Dharmapuri) The Managing Director TNSTC (Salem) Division No.12, Ramakrishna Road Regional Office at Bharathipuram Dharmapuri-5 ... Appellant Vs.

A.M.Palani ... Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Nittin, the Learned counsel for the appellant and Mr.M.Selvam, the learned counsel for the respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT Both the parties along with their respective counsel were present.

2. The Respondent / petitioner filed M.C.O.P.No.1429 of 2014 before the Trial Court, claiming compensation. The Trial Court awarded a sum of Rs.1,45,050/- with interest at 7.5%. The appellant / respondent deposited a sum of Rs.2,49,252/-.

3. The appellant / respondent preferred the present appeal before the High Court, challenging the quantum of compensation awarded by the trial Court.

4.Both the parties entered into a negotiation and finally compromised the issue arisen between them.

5.In terms of the compromise, the appellant / respondent has given consent to pay only a sum of Rs.2,21,252/- in full quit. The respondent / petitioner has agreed to receive the said amount. 6.The appellant / respondent is entitled to get back a sum of Rs.28,000/- out of the entire amount of Rs.2,49,252/- deposited earlier by the appellant / respondent.

7.In terms of the above compromise arrived at between the parties, the appeal stands closed.

The Managing Director TNSTC (Salem) Division No.12, Ramakrishna Road Regional Office at Bharathipuram Dharmapuri-5 Counsel for the Appellant A.M.Palani Counsel for the

respondent This Lok Adalat award is passed in terms of the above settlement. 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 Judge Member Member To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Special Sub Court, Dharmapuri 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.

M.JEYAPAUL. J (Retd), kas C.M.A.No.1430 of 2023 09.03.2024