This appeal has been filed by the Transport Corporation/appellant, challenging the award passed by the Tribunal for a sum of Rs.1,29,706, as against the claim made for a sum of Rs.2,50,000/-.
2. Learned counsel appearing for the 1st respondent/claimant, produced before this Court, the copy of the order dated 20.4.17, passed in the appeal filed by the claimant in CMA No.1308/2017, challenging the order of the Tribunal and claiming enhancement. It is seen from the said order that the appeal has been partly allowed and appellant herein, (who was the 3rd respondent in the said appeal), was heard through its counsel.
3. In such circumstances, the judgment passed in CMA No.1308/17 will be a bar for hearing this appeal on merits, as the issue has already been settled vide the above said order in CMA No.1308/17. Hence, nothing survives for consideration in this appeal and accordingly, the appeal filed by the Transport Corporation is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.
14.11.2017 GLN To Addl. District Judge-cum-Special Court E.C. Act (VI Court of Small Causes) Chennai.
DR. S.VIMALA, J.
GLN C.M.A. NO.3222 OF 2017 14.11.2017