Madras High Court
M/S.Venson Transport Private ... vs D.Deena on 11 August, 2021
C.M.A. No.2804 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.2804 of 2016
and
CMP No.20326 of 2016
M/s.Venson Transport Private Limited,
Represented by its Managing Director,
S.Gunasekar ... Appellant
versus
1. D.Deena
2. Minor G. Gunapriya
3. Kannaiah
4. Vanitha
(Minor 2nd petitioner is represented by
Her mother / natural guardian D. Deena) ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 26.10.2016
made in MACT OP No.116 of 2013 on the file of the Motor Accidents
Claims Tribunal / Chief Judicial Magistrate Court, Vellore.
For Appellant : Mr.K.Suryanarayanan
For Respondent : Mr. S.P.Yuvaraj
https://www.mhc.tn.gov.in/judis/
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C.M.A. No.2804 of 2016
JUDGMENT
(Heard Video Conference)
Parties to the Civil Miscellaneous Appeal have filed a Joint
Memorandum of Compromise, dated 09.08.2021. All the parties have
signed this Joint Memorandum of Compromise and the respective
counsels have also signed the same. The same is recorded by this
Court.
2. The said Joint Compromise Memo reads as follows:
1. The Appeal has been filed by the appellant / Owner of the
vehicle. The above MCOP has been filed by the respondents 1 to 4 /
Claimants claiming compensation for the death of K.Kalai Perumal,
in an accident which occurred on 05.11.2010, involving the vehicle
bearing Registration No.AP 03 U 7211, belonging to the Appellant
herein.
2. The Tribunal passed an award dated 26.10.2016, for a sum
of Rs.14,40,000/- along with interest and costs. Aggrieved by this
order, the Appellant preferred the above appeal and the appellant
deposited Rs.25,000/-.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.2804 of 2016
3. Now the Respondents 1 to 4 / Claimants and the Appellant
Owner of the vehicle have negotiated for settlement and arrived at a
sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) in full quit
(without any interest).
4. The above Rs.12,00,000/- (Rupees Twelve Lakhs only) to be
apportioned as follows :
The Share of 1st respondent herein Rs.6,00,000/- (Rupees Six
Lakhs only)
The Share of 2nd respondent herein Rs.4,00,000/- (Rupees
Four Lakhs only)
The Share of 3rd respondent herein is Rs.1,00,000/- (Rupees
one lakh only) and
The share of 4th respondent herein is Rs.1,00,000/- (Rupees
one lakhs only)
5. It is therefore prayed that this Hon'ble Court may be
pleased to record this Memo of Compromise and pass an award for
a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) in full quit in
favour of the respondents 1 to 4 / claimants payable by the appellant
to the credit of the above MCOP No.116 of 2013. The Hon'ble Court
may be pleased to apportioned the award as stated in paragraph 4
of this memo among the respondents 1 to 4 / claimants and also
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C.M.A. No.2804 of 2016
permit them to withdraw their respective share amount. Appellant
have already deposited Rs.25,000/- and the appellant undertakes to
deposit the balance amount of Rs.11,75,000/- (Rupees eleven lakhs
and seventy five thousand only) within period of Six weeks from the
date of recording the settlement before this Court.
Dated at Chennai this 9th day of August 2021.
3. In terms of the Memorandum of Compromise, dated 09.08.2021
which shall form part of the Decree, this Civil Miscellaneous Appeal is
disposed of. No costs. Consequently, connected miscellaneous petition
is closed.
4. Post the matter "for reporting compliance" on 06.10.2021.
11.08.2021
(1/2)
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
nl/vsi2
https://www.mhc.tn.gov.in/judis/
C.M.A. No.2804 of 2016
ABDUL QUDDHOSE, J.
vsi2
To
1. The Chief Judicial Magistrate,
Motor Accidents Claims Tribunal,
Vellore.
2. The Section Officer,
V.R. Section,
High Court,
Madras - 104.
C.M.A. No.2804 of 2016
11.08.2021
https://www.mhc.tn.gov.in/judis/
