Madras High Court
A.Kalaivani vs G.R.Palanivel on 13 December, 2021
C.M.A.No.1511 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1511 of 2018
A.Kalaivani .. Appellant
Vs.
1.G.R.Palanivel
(Set ex-parte before Tribunal)
2.The Divisional Manager,
The United India Insurance Company Ltd.
Do.No.13A, Nethaji Road, Cuddalore-607 001. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the award and decree dated 05.02.2018 in
M.C.O.P.No.3269 of 2014 on the file of the Motor Accidents Claims Tribunal, II
Additional Subordinate Court, Cuddalore.
For Appellant : Mrs.Ramya V.Rao
For R2 : Mr.A.Dhiraviyanathan
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid Mode”.
2.This Civil Miscellaneous Appeal is filed by the appellant/claimant to
set aside the award and decree dated 05.02.2018 in M.C.O.P.No.3269 of 2014
on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate
Court, Cuddalore.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1511 of 2018
3.When the matter is taken up for hearing, both the learned counsel
appearing for the appellant 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 appellant as well as by the
2nd respondent and also by the learned counsel appearing for the appellant 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 above appeal has been filed by the
petitioner/appellant for enhancement of compensation.
2.The tribunal passed an award for a sum of
Rs.1,25,500/- along with interest & costs as against the
claim of Rs.5,00,000/-. The Tribunal Award has already
been satisfied by the Insurance Company. Now the
appellant and the respondent have negotiated for
settlement and arrived at a sum of Rs.1,00,000/- (One
Lakh only) in full quit over and above the award
amount.
3.The petitioner is willing to accept the sum of
Rs.1,00,000/- as compensation in full quit and the 2nd
respondent is willing to deposit the said amount to the
credit of the above MCOP within four weeks from the
date of communication of the award passed on the basis
of the joint memo.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1511 of 2018
4.It is prayed that this Hon'ble High Court may
be pleased to record this Memo of Compromise and
pass award for Rs.1,00,000/- in full quit in favour of the
petitioner, payable by the 2nd respondent to the credit of
the above MCOP within a period of four weeks from
date of communication of the copy of the award and on
such deposit the Tribunal shall transfer the entire
compensation amount to the bank account of the
appellant/claimant by way of RTGS/NEFT on proper
identification, in accordance with the terms of award
without insisting formal permission petition and thus
render justice.”
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, this Civil Miscellaneous Appeal stands disposed of. The
memo of compromise shall form part of the decree. No costs.
13.12.2021
gbi
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.M.A.No.1511 of 2018
S.KANNAMMAL, J.
gbi
To
1.The II Additional Subordinate Judge,
Motor Accidents Claims Tribunal, Cuddalore.
2.The Section Officer
V.R.Section
High Court,
Chennai.
C.M.A.No.1511 of 2018
13.12.2021
https://www.mhc.tn.gov.in/judis
