Madras High Court
Kuzhanthaivelu (Declared Major vs Ahmed Akber Alienation on 30 September, 2021
CMA.No.1735 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1735 of 2016
Kuzhanthaivelu (declared major
as per order in MP No.227/11, dt.6.1.12) ...Appellant
vs.
1. Ahmed Akber Alienation
2. National Insurance Co. Ltd.
751, Mount Road,
Chennai – 600 002. ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the fair and decreetal order dated 31.01.2013
in MCOP No.2596 of 2008 on the file of the Motor Accidents Claims
Tribunal / IV Judge, Court of Small Causes, Chennai.
For Appellant : Ms.Ramya V. Rao
For respondents : Ms.Sreevidya for R2
JUDGMENT
https://www.mhc.tn.gov.in/judis/
CMA.No.1735 of 2016
Parties to the Civil Miscellaneous Appeal have filed a Joint
Memorandum of Compromise, dated 28.09.2021. All the parties have
signed this Joint Memorandum of Compromise and the respective
counsels have also signed the same. The same is recorded by this
Court.
2. The said Joint Compromise Memo reads as follows:
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.94,900/- along
with interest & Costs as against the claim of Rs.5,00,000/-. Now the
appellant and the respondent have negotiated for settlement and
arrived at a sum of Rs.1,25,000/- (One Lakh Twenty Five Thousand
Only) in full quit over and above the award amount.
3. The Petitioner is willing to accept the sum of Rs.1,25,000/- 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
this joint memo.
4. It is prayed that this Hon'ble High Court may be pleased to
record this Memo of Compromise and pass award for Rs.1,25,000/- 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 the
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.
3. In terms of the Memorandum of Compromise, dated 28.09.2021
which shall form part of the Judgment and Decree, this Civil
https://www.mhc.tn.gov.in/judis/
CMA.No.1735 of 2016
Miscellaneous Appeal is disposed of. No costs.
30.09.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
To
1. The IV Judge,
Court of Small Causes,
Motor Accidents Claims Tribunal,
Chennai.
2. The Section Officer,
V.R. Section,
High Court, Madras.
ABDUL QUDDHOSE, J.
vsi2
https://www.mhc.tn.gov.in/judis/
CMA.No.1735 of 2016
C.M.A.No.1735 of 2016
30.09.2021
https://www.mhc.tn.gov.in/judis/
