Madras High Court
Chinnathambi vs Jayalakshmi on 2 November, 2021
C.M.A.No.3622 of 2019
and CMP No.20857 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :02.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No.3622 of 2019
and CMP No.20857 of 2019
Chinnathambi ..... Appellant
Vs
1. Jayalakshmi
2. Alamelu
3.Murugan
4.Raja ...Respondents
Prayer: The Civil Miscellaneous Appeals filed under Section 173 of
Motor Vehicles Act, 1988, to set aside the judgment and decree dated
08.09.2017 in M.C.O.P.No.132 of 2015 on the file of Motor Accident
Claims Tribunal, III Additional District Court, Kallakurichi.
For Appellant : Mr.Harish
for Mr.N.Manokaran
For Respondents: Mr.Arun Babu
1/5
http://www.judis.nic.in
C.M.A.No.3622 of 2019
and CMP No.20857 of 2019
JUDGMENT
The parties have arrived at a settlement. The respondents
have agreed to receive a sum of Rs.5,50,000/-(Rupees Five Lakhs Fifty
thousand only) towards full and final settlement from the appellant.
2. Today, the appellant has paid a sum of Rs.3,37,000/-
(Rupees Three lakhs thirty seven thousand only) to the
respondents/claimants . The amount of Rs.3,37,000/-(Rupees Three Lakhs
thirty seven thousand only) is paid to the third respondent viz., Murugan,
who has received the amount on behalf of other respondents, who have
executed their authorisation through a power of attorney dated 23.10.2021
in favour of the third respondent. The said power of attorney is placed
before this Court today and the third respondent is also present before this
Court today and has made an endorsement in the court bundle, agreeing to
the terms of settlement.
http://www.judis.nic.in
C.M.A.No.3622 of 2019
and CMP No.20857 of 2019
3. Learned counsel for the appellant has signed and made an
endorsement and the learned counsel for the respondents have also
countersigned and made an endorsement before this Court.
4. Insofar as the balance amount of Rs.2,13,000/-(Rupees
Two lakhs thirteen thousand only) is concerned, the appellant has no
objection for the respondents/claimants withdrawing the said sum which is
lying in the credit of MCOP No.132 of 2015 on the file of Motor
Accidents Claims Tribunal, III Additional District Court, Kallakurichi.
5. Thus, a total sum of Rs.5,50,000/- has been paid by the
appellant to the respondents/claimants. The respondents/claimants are
permitted to withdraw the balance amount of Rs.2,13,000/-(Rupees Two
Lakhs thirteen thousand only) lying to the credit of MCOP No.132 of 2015
on the file of Motor Accidents Claims Tribunal, III Additional District
Court, Kallakurichi, by filing an appropriate application.
http://www.judis.nic.in
C.M.A.No.3622 of 2019
and CMP No.20857 of 2019
6. After recording the endorsements made by the parties along
with their respective counsels, the civil miscellaneous appeal is disposed
of in terms of the settlement entered into between the parties. No costs.
Consequently, connected miscellaneous petition is closed.
02.11.2021
sr/rgi
Index:Yes/No
Speaking Order: Yes/No
To
1.The Motor Accidents Claims Tribunal,
III Additional District Court,
Kallakurichi
2. The Section Officer,
V.R.Section, High Court, Madras – 104.
http://www.judis.nic.in
C.M.A.No.3622 of 2019
and CMP No.20857 of 2019
ABDUL QUDDHOSE.,J
sr
C.M.A.No.3622 of 2019
02.11.2021
http://www.judis.nic.in
