Madras High Court
R.Rasambal vs A.Venkatakrishnan on 27 January, 2023
C.M.A.No.139 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.139 of 2023
R.Rasambal, W/o.Rasu, Hindu aged 47 years,
Petitioners are permanently residing
at No.618, Kizhakku Street,
Nadukuppam Post, Kizhaku Mettukuppam,
Keezhiruppu Panruti Taluk,
Cuddalore District 607 103. ... Appellant
Vs.
1.A.Venkatakrishnan, S/o.Ashwatha Reddiar,
Sri Jayanthi Services, No.16, Kamaraj Salai,
Puducherry 607 013.
2.The Divisional Manager,
United India Insurance Co. Ltd.,
Third Party Service Hub, Plot No.35, 36 & 37
AR Plaza, 45 Feet Road, Balaji Nagar Extn.,
Saram, Puduchery 605011. ... Respondents
Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
the Judgment and Decree in MCOP.No.166 of 2019 dated 30.03.2022 on the
file of the Motor Accident Claims Tribunal/Sub Court, Panruti.
For Appellant : Ms.Ramya V.Rao
For Respondents : Mr.D.Bhaskaran (for R2)
1/4
https://www.mhc.tn.gov.in/judis
C.M.A.No.139 of 2023
JUDGMENT
The Appeal has been filed against the Judgment and Decree made in
MCOP.No.166 of 2019 dated 30.03.2022 on the file of the Motor Accident
Claims Tribunal/Sub Court, Panruti.
2.When the matter is taken up today (27.01.2023), learned counsel
appearing on both sides, submitted a joint memo for recording settlement, dated
04.01.2023, properly signed and counter signed by the parties and their
respective counsels. The terms of settlement are as follows:
"1.The Tribunal passed an award for a sum of Rs.5,35,084/-
along with interest & costs as against the claim of Rs.10,00,000/-.
Now the Appellant and the 2nd Respondent Insurance Company
have negotiated for settlement and arrived at a sum of
Rs.1,30,000/- (Rupees one lakh and thirty thousand only) in full
quit, over and above the Tribunal award.
2.The 2nd Respondent/Insurance Company is willing to deposit
the sum of Rs.1,30,000/- without interest 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.
3.The Appellant/Petitioner shall withdraw the deposited amount
as per decree which is payable to the Appellant in credit of the
above MCOP within a period of four weeks from the date of
https://www.mhc.tn.gov.in/judis
C.M.A.No.139 of 2023
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/Petitioner by way of RTGS/NEFT
on proper identification, in accordance with the terms of award
without insisting any formal permission petition."
3.In view of the above said submission of the learned counsel on both
sides the compensation fixed by the Tribunal at Rs.5,35,084/- has been
enhanced with additional amount of Rs.1,30,000/- as full quit. The joint
compromise memo dated 23.01.2023 filed by the learned counsel on both sides
is recorded.
4.Accordingly, the Civil Miscellaneous Appeal is partly allowed in terms
of the joint compromise memo dated 04.01.2023. The join memo dated
04.01.2023 shall form part of the Decree. No costs.
27.01.2023
Index : Yes/No
Neutral Citation : Yes/No
Speaking Order/Non-Speaking Order
sai
https://www.mhc.tn.gov.in/judis
C.M.A.No.139 of 2023
RMT.TEEKAA RAMAN.J,
sai
To
The Sub Judge,
Sub Court,
Panruti
C.M.A.No.139 of 2023
Dated: 27.01.2023
https://www.mhc.tn.gov.in/judis
