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 2nd 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/-
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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 decree. No costs.
19.08.2021
dpq
Index : Yes / No
Internet : Yes / No
Speaking order/Non speaking order
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C.M.A.SR.No.31786 of 2021
S. VAIDYANATHAN, J.
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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
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