E.Kumar vs E.Moorthy
2021 Latest Caselaw 21304 Mad

                                                                                      C.M.A.No.668 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 25.10.2021

                                                          CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                 C.M.A.No.668 of 2021

                     E.Kumar                                                    ...     Appellant

                                                             Vs

                     1.E.Moorthy
                     2.Sriram General Insurance Co., Ltd.,
                       No.66, 2nd Floor, City Center Complex,
                       Thirumalai Pillai Road, T.Nagar,
                       Chennai – 600 017.                                       ...    Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 to enhance the compensation amount and fix the
                     liability on the 2nd respondent awarded in the judgment and decree dated
                     17.10.2014 made in MCOP.NO.204 of 2012 on the file of the Motor
                     Accident Claims Tribunal / Sub Court, Thiruvallur.


                                     For Appellant            : Mr.R.Prabakar
                                     For Respondent 2         : Mr.K.Poomalai




                     1/4




https://www.mhc.tn.gov.in/judis/
                                                                                  C.M.A.No.668 of 2021




                                                     JUDGMENT

This appeal has been filed by the claimant seeking enhancement of

compensation under the impugned award dated 17.10.2014 passed by the

Motor Accident Claims Tribunal (Sub Court, Tiruvallur), in MCOP.No.204

of 2012.

2. A compromise memo dated 25.10.2021 has been filed before this

Court. As seen from the compromise memo, subsequent to the impugned

award, the second respondent Insurance Company has agreed to pay a sum

of Rs.1,55,000/- to the Appellant/claimant towards full and final settlement.

The Appellant as well as the second respondent have duly signed the

compromise memo and their respective counsels have also signed the same.

The parties are also present before this Court today. Since the first

respondent is the owner of the vehicle and he is an unnecessary party who

has also remained exparte before the tribunal, notice to the first respondent

is dispensed with by this Court.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.668 of 2021

3. The compromise memo dated 25.10.2021 is recorded and the same

shall form part of this judgment and decree. This appeal is disposed of in

terms of the compromise memo. No costs.

4. The learned counsel for the second respondent on instructions,

would submit that the second respondent will pay the agreed sum of

Rs.1,55,000/- as per the compromise memo to the Appellant/claimant within

a period of 10 days from the date of receipt of a copy of this Judgment.

Mr.M.C.Uppiliappan, the legal executive of the second respondent

Insurance Company also confirms that the compromise amount will be paid

to the Appellant/claimant within ten days from the date of receipt of a copy

of this judgment.

25.10.2021 nl

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order

https://www.mhc.tn.gov.in/judis/ C.M.A.No.668 of 2021

ABDUL QUDDHOSE, J.

nl

To

1. The Sub Court, Thiruvallur.

2.The Section Officer, V.R.Section, High Court of Madras.

C.M.A.No.668 of 2021

25.10.2021

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