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Madras High CourtCMA/1551/2023closed

Managing Director v. Maheshwari

2023-12-09Honourable Mr. Justice Malai Subramanian (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th December 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (RETD) and Members Mr.J.Justin David, District Judge (Retd.) Mr.M.Nallathambi, Advocate CMA.No.1551 of 2023 (Appeal against the judgment and decree passed in M.C.O.P.No.54 of 2019 dated 01.11.2022 on the file of the Motor Accident Claims Tribunal, Sub-ordinate Court, Mettur. The Managing Director Tamilnadu State Transport Corporation, 12, Ramakrishna Road, Salem-7.

... Appellant Vs 1.Maheshwari 2.Prakash 3.K.Thangarasu

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.D.Nitin, learned counsel for the Appellant is present and Mrs.H.Poorni, learned counsel for the respondents 1 and 2 are present before this Court.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal had been filed by the Appellant/Transport Corporation aggrieved by the award of the Tribunal granting a sum of Rs.6,60,000/-(Rupees Six Lakh Sixty Thousand only). The Appellant/Transport Corporation had already deposited Rs.4,43,047/- (Rupees Four Lakh Fourty Three Thousand Fourty Seven only). The Appellant/Transport Corporation entered into an agreement with the Respondents 1 and 2/Claimants whereby, the Appellant/Transport Corporation is agreed to deposit the balance amount of Rs.3,46,953/-(Rupees Three Lakhs Fourty Six Thousand Nine Fifty Three only), in full quit, which was agreed by the respondents 1 and 2.

2. It was agreed that the Respondents 1 and 2/Claimants are entitled to receive the sum of Rs.7,90,000/- (Rupees Seven Lakh Ninety Thousand only) in full quit.

3. The Appellant/Transport Corporation is directed to deposit the agreed amount within a period of 8 weeks from today.

4. On such deposit, the Respondents 1 and 2 are entitled to withdraw the amount deposited as apportioned by the Tribunal.

Consequently, connected miscellaneous petition, if any, is closed. The Managing Director Tamilnadu State Transport Corporation, 12, Ramakrishna Road, Salem-7.

Counsel for the Appellant 1.Maheshwari 2.Prakash Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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 To:The parties/Advocate concerned Copy to:

1.Motor Accident Claims Tribunal, Sub-ordinate Court, Mettur. 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

MALAISUBRAMANIAN (RETD), J.

CMA.No.1551 of 2023 09.12.2023