Madras High Court
The Divisional Manager vs Jothi on 10 February, 2021
CMA(MD)No.78 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.02.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.78 of 2020
and
C.M.P(MD).No.1306 of 2020
The Divisional Manager
Oriental Insurance Company Ltd.,
Namakkal ...Appellant/3rd Respondent
Vs
1.Jothi
2.Minor.Parvathi
3.Minor Maheshwari
Respondents 2 & 3 are represented
by the first respondent being the
next friend and mother
4.Ramalakshmi ....Respondents/Claimants
5.Kumar
6.Ayyalusamy
7.The Divisional Manager
United India Insurance Company Ltd.,
Tenkasi
8.Patturaj ....Respondents/Respondents 1,2, 4 & 5
1/5
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CMA(MD)No.78 of 2020
Prayer: Appeal filed under Section 173 of Motor Vehicle Act, 1988
against the judgment and award dated 06.12.2017 made in
M.A.C.T.O.P.No.18 of 2017 on the file of the Motor Accident Claims
Tribunal Cum Additional District Judge, Tenkasi.
For Appellant : Mr.Israel K.Mani
For R1 to R4 : Mr.N.Sankar Ganesh
For R7 : Mr.A.S.Mathialagan
JUDGMENT
This appeal has been filed against the judgment and award dated
06.12.2017 made in M.A.C.T.O.P.No.18 of2017 on the file of the Motor
Accident Claims Tribunal Cum Additional District Judge, Tenkasi.
2.Today, when the matter is taken up for hearing, the learned
counsel for the appellant as well the respondents would submit that the
matter has been settled between the parties before the National
Lok-Adalath held at Tenkasi organised by Taluk Legal Services
Committee, Tenkasi on 08.02.2020. The learned counsel for the
respondents 1 to 4 would submit that because of the pendency of this
appeal, the respondents/claimants could not enjoy the fruits of the decree
passed by the Lok-Adalath.
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CMA(MD)No.78 of 2020
3.Heard both side.
4.Since the matter has been settled between the parties before the
National Lok-Adalat, nothing survives in this appeal for further
adjudication.
5.As per Section 69-A of the Tamil Nadu Court Fees and Suits
Valuation Act, 1955, where the Court refers the parties to the suit to any
of the modes of settlement of dispute referred to in Section 89 of the
Code of Civil Procedure, 1908 ( Central Act V of 1908), the fee paid
shall be refunded upon such reference. Such refund need not await for
settlement of the dispute).
6.In view of the above, the appellant is entitiled for refund of the
Court fee and therefore, the Court fee shall be refunded. After refund of
the Court fee, the records may be sent back to the Court below.
7.With the above observation, this Civil Miscellaneous Appeal is
closed. No costs. Consequently, connected miscellaneous petition is
closed.
10.02.2021
Index : Yes / No
Internet : Yes / No
msa
http://www.judis.nic.in
CMA(MD)No.78 of 2020
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Motor Accident Claims Tribunal
Cum Additional District Judge, Tenkasi.
2.The Section Officer,
E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
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CMA(MD)No.78 of 2020
J.NISHA BANU, J
msa
CMA(MD)No.78 of 2020
and
C.M.P(MD).No.1306 of 2020
10.02.2021
http://www.judis.nic.in
