S.Venkataiah vs Sri Shaik Jani
2021 Latest Caselaw 13050 Mad

                                                                           C.M.A.SR.No.1107 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 02.07.2021

                                                          CORAM:

                                   THE HONOURABLE TMT.JUSTICE S.KANNAMMAL

                                                   C.M.A.No.1107 of 2019


                   S.Venkataiah                                                .. Appellant

                                                            Vs.

                   1.Sri Shaik Jani

                   2.The National Insurance Company Limited,
                     No.751, Mount Road,
                     Chennai – 600 002.                                        .. Respondents

                   (R1 remained exparte before Tribunal.
                   Hence, batta not paid)

                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
                   Motor Vehicles Act, 1988, against the Judgment and Decree dated 27.01.2009
                   made in M.C.O.P.No.3320 of 2004 on the file of the Motor Accident Claims
                   Tribunal, III Small Causes Court, Chennai.


                                          For Appellant     : Ms.Ramya V.Rao
                                                              for M/s.Senthilswamy Associates

                                          For R2            : Mr.R.Ravichandran




                   1/4
https://www.mhc.tn.gov.in/judis/
                                                                          C.M.A.SR.No.1107 of 2019


                                                    JUDGMENT

(The matter is heard through “Video Conferencing/Hybrid” mode.)

This Civil Miscellaneous Appeal has been filed for enhancement of

compensation granted by the Tribunal in the award dated 27.01.2009 made in

M.C.O.P.No.3320 of 2004 on the file of the Motor Accident Claims Tribunal,

III Small Causes Court, Chennai.

2.When the matter is taken up for hearing, both the learned counsel

appearing for the appellant as well as the 2 nd respondent made submissions

that the issues between the parties had already been settled and filed a memo

of compromise signed by both the appellant as well as by the representative

of 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.This appeal has been filed by the Claimants. The above MCOP has been filed claiming compensation for the injuries sustained by S.Venkataiah in an accident which took place on 15.2.2003.

https://www.mhc.tn.gov.in/judis/ C.M.A.SR.No.1107 of 2019

2.The Tribunal passed an award dated 27.01.2009 for a sum of Rs.1,09,138/- along with interests and costs. Now the Appellants and 2nd Respondent have negotiated for settlement and arrived at a sum of Rs.1,50,000/- in full quit over and above the Tribunal award.

3.It is prayed that this Hon'ble High Court may be pleased to record this Memo of Compromise and pass an award for Rs.1,50,000/- in full quit in favour of the petitioner, payable by the 2nd respondent to the credit of the above MCOP within a period of two weeks, on such deposit the injured claimant is permitted to withdraw the amount.”

3.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 closed. The

memo of compromise shall form part of the decree. No costs.

                                                                                      02.07.2021

                   krk

                   Index           : Yes / No
                   Internet        : Yes / No

https://www.mhc.tn.gov.in/judis/ C.M.A.SR.No.1107 of 2019

S.KANNAMMAL, J.

krk

To

1.The III Judge, Motor Accident Claims Tribunal Small Causes Court, Chennai.

2.The Section Officer V.R.Section High Court, Chennai.

C.M.A.No.1107 of 2019

02.07.2021

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