Madras High Court
M.Sridharan vs M/S Hari & Co on 19 August, 2021
C.M.A.SR.No.31786 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.SR.No.31786 of 2021
1.M.Sridharan
2.S. Sujatha
... Appellants
Vs.
1.M/s Hari & Co.
2.The New India Assurance Co. LTD.,
No.45, Moore Street,
Chennai 600 001. ... Respondents
Prayer: C.M.A.S.R.No.31786 of 2021 is filed under Section 173 of the
Motor Vehicles Act, 1988, pleased to enhance the compensation that has been
awarded by the Motor Accident Claims Tribunal (II Court of Small Causes)
(FAC) at Chennai.
For Appellants : Ms.Sobana Devi
For Respondents : Mr.S.Dhakshinamoorthy for R2
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid Mode”.
C.M.A.SR.No.31786 of 2021 is filed by the Appellants to set aside the
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C.M.A.SR.No.31786 of 2021
judgment and decree dated 03.11.2020 made in M.C.O.P.No.1674 of 2014 on
the file of the Motor Accident Claims Tribunal (II Court of Small Causes)
Fast Track Court, Chennai.
2. When the matter is taken up for hearing, both the learned counsel
appearing for the appellants as well as the 2nd respondent made submissions
that the issues between the parties had already been settled and filed a memo
of compromise signed by both the representative of the appellants as well as
by the 2nd respondent and also by the learned counsel appearing for the
appellants as well as by the learned counsel appearing for the 2 nd respondent.
The said memo is extracted hereunder:
Joint Memo for recording settlement:
“1.The appeal has been filed by the
Appellants. The above said MCOP has been filed
claiming compensation for the death of one
Mr. S.Sunil Kumar in the accident occurred on
29-09-2013 involving vehicle bearing
Regn.No.TN-04-AH-0964., insured with the 2nd
respondent Insurance Company.
2. The Learned Tribunal passed on Award
dated 03-11-2020 for a sum of Rs.45,82,100/-
https://www.mhc.tn.gov.in/judis/
C.M.A.SR.No.31786 of 2021
along with interest and costs. Now the
Petitioners/Appellants and the second
respondent Insurance Company have negotiated
for Settlement and arrived at a sum of
Rs.51,61,148/- (Rupees Fifty – One Lakhs Sixty
– One Thousand one hundred and fourty – eight
only) in full quit.
3. The petitioners/Appellants are willing
to accept the sum of Rs.51,61,148/- as
compensation in full quit and the 2nd
Respondent Insurance Company is willing to
deposit the said amount to the credit of the
above said MCOP within 2 weeks from the date
of communication of the Award passed on the
basis of this Joint Memo”.
4. In view of the compromise arrived at between the parties, no further
adjudication needs to be entertained in respect of the grounds raised in this
appeal. Accordingly, C.M.A.SR.No.31786 of 2021 stands disposed of. The
memo of compromise shall form part of the order. No costs.
13.09.2021
dpq
Index : Yes / No
Internet : Yes / No
Speaking order/Non speaking order
https://www.mhc.tn.gov.in/judis/
C.M.A.SR.No.31786 of 2021
S. VAIDYANATHAN, J.
dpq
To
1.The Motor Accident Claims Tribunal
(II Court of Small Causes)
Fast Track Court, Chennai.
C.M.A.SR.No.31786 of 2021
19.08.2021
https://www.mhc.tn.gov.in/judis/
