M/S.Venson Transport Private ... vs D.Deena
2021 Latest Caselaw 16408 Mad

                                                                              C.M.A. No.2803 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.2803 of 2016
                                                         and
                                                CMP No.20324 of 2016

                     M/s.Venson Transport Private Limited,
                     Represented by its Managing Director,
                     S.Gunasekar                                  ...     Appellant

                                                      versus
                     D.Deena                                      ...     Respondent

                               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.142 of 2011 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

                                                  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 https://www.mhc.tn.gov.in/judis/

C.M.A. No.2803 of 2016

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 Respondent

/Claimant claiming compensation for the injuries sustained by her

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.16,000/- along with interest and costs. Aggrieved by this

order, the Appellant preferred the above appeal and the appellant

deposited Rs.11,855/-

3. Now the Respondent/ Claimant and the Appellant Owner

of the vehicle have negotiated for settlement and arrived at a sum of

Rs.58,000/- (Rupees Fifty Eight Thousand only) in full quit (without

any interest).

4. 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.58,000/- (Rupees Fifty Eight Thousand only) in full quit https://www.mhc.tn.gov.in/judis/

C.M.A. No.2803 of 2016

in favour of the respondent / claimant payable by the Appellant to

the credit of the above MCOP No.142 of 2011. This Hon'ble Court

may be pleased to apportioned the award as stated in paragraph 3

of this memo among the respondent / claimant and also permit them

to withdraw their respective share amount. Appellant have already

deposited Rs.11,855/- and the appellant undertakes to deposit the

balance amount Rs.46,145/- (Rupees Forty Six Thousand One

Hundred and Forty Five Only) within a 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

(2/2)

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 https://www.mhc.tn.gov.in/judis/

C.M.A. No.2803 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.2803 of 2016

11.08.2021

(2/2)

https://www.mhc.tn.gov.in/judis/