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[Cites 5, Cited by 0]

Madras High Court

The Managing Director vs R. Purushothaman on 21 September, 2010

                                                                            C.M.A.SR.No.121707 of 2024

                              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)


                                             C.M.A.SR.No.121707 of 2024

                            (Appeal against the judgement and decree, dated 21.09.2010 passed in
                  M.C.O.P.No.3086 of 2006 passed by the Motor Accidents Claims Tribunal,
                  Chennai, in the III Court of Small Causes, Chennai.

                  The Managing Director,
                  Metropolitan Transport Corporation,
                  Pallavansalai, Chennai -2                                           ... Appellant
                                                            Vs

                  R. Purushothaman                                                 ... Respondent


                            This case came up         for settlement before the Lok Adalat.
                  Mr.A.Vinothraj, learned counsel for the Appellant is present.




                  1/4


https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.SR.No.121707 of 2024



                                                        ORDER

(i) As against the claim for a sum of Rs.3,00,000/-, an Award has been passed by the Claims Tribunal for a sum of Rs.2,40,000/- on 21.09.2010 in M.C.O.P.No.3086 of 2006. 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 20.08.2011 and Rs.3,10,798/- on 05.04.2013. The Appellant/Transport Corporation had already deposited a sum of Rs.3,35,798/-, and there is no further claim by the claimant. 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. The appellant do not wish to pursue the appeal.

(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.

The Managing Director, Metropolitan Transport Corporation, 2/4 https://www.mhc.tn.gov.in/judis C.M.A.SR.No.121707 of 2024 Pallavansalai, Chennai -2 Counsel for Appellant 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, Chennai, III Court of Small Causes, Chennai.

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/nsl 3/4 https://www.mhc.tn.gov.in/judis C.M.A.SR.No.121707 of 2024 Dr. JUSTICE S.VIMALA gya/nsl C.M.A.SR.No.121707 of 2024 14.09.2024 4/4 https://www.mhc.tn.gov.in/judis