The Managing Director v. Gopalakrishnan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT Award (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :

Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) AND C.M.P.No.11901 of 2024 (Appeal against the judgement and decree, dated 30.09.2019 passed in M.C.O.P.No.133 of 2014 passed by the Motor Accidents Claims Tribunal (III Additional District Court), Tiruvallur at Poonamallee. The Managing Director Metropolitan Transport Corporation Ltd.

Pallavan House, Anna Salai Chennai 600 002 ... Appellant Vs Gopalakrishnan ... Respondent This case came up for settlement before the Lok Adalat. Mr.Anton Dhanasekaran, learned counsel for the Appellant is present. 1/4

ORDER

(i) As against the claim for a sum of Rs.4,00,000/-, an Award has been passed by the Claims Tribunal for a sum of Rs.2,14,406/- on 30.09.2019 in M.C.O.P.No.133 of 2014. Challenging this Award as excessive, the Transport Corporation has filed this appeal.

(ii) The Appellant/Transport Corporation has already deposited a sum of Rs.25,000/- on 06.08.2020 and Rs.2,25,000/- on 11.03.2021. Though the Appellant/Transport Corporation had already deposited a sum of Rs.2,50,000/, there is no further claim for the Appellant/Transport Corporation. The Appellant/Transport Corporation represented before this Lok Adalat that there is no Cross Appeal by the claimant and therefore, the presence of the Claimant is not necessary and it may be dispensed with. (iii) Perusal of the case bundle reveals that the claimant has not filed any Cross Appeal. As the entire Award amount had already been deposited before the Claims Tribunal, there cannot be any grievance for the claimant. Considering the totality of circumstances and considering the fact that no useful purpose would be served by keeping this Appeal pending, this C.M.A. is disposed of in the Lok Adalat. Connected C.M.P. is closed. The Managing Director Metropolitan Transport Corporation Ltd.

Pallavan House, Anna Salai Chennai 600 002 Counsel for Appellant 2/4

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. Judge Member Member To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (III Additional District Court), Tiruvallur at Poonamallee.

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. +2 copies gya 3/4

Dr. JUSTICE S.VIMALA gya 14.09.2024 4/4