Tamilnadu State Express v. Dr.A.Soundararajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CMA.Nos.2456 of 2009 and 1636 of 2011 Tamil Nadu State Express Transport Corporation Ltd., rep. by its Managing Director Pallavan Salai, Chennai-2.

... Appellant/Respondent in CMA.No.2456 of 2009 ..Respondent/Respondent in CMA.No.1636 of 2011 Vs.

Dr.A.Soundararajan ... Respondent/Petitioner in CMA.No.2456 of 2009 ..Appellant/Petitioner in CMA.No.1636 of 2011 Prayer:

These Civil Miscellaneous Appeal have been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 28.11.2005 passed in M.A.C.T.O.P.No.2981 of 1999 by the III Judge,Court of Samall Causes, ( Motor Accident Claims Tribunal,), Chennai.

For Appellant in CMA.No.2456 of 2009 For Respondent in CMA.No.1636 of 2011 : Mr. K.Kathiresan For Respondent in CMA.No.2456 of 2009 For Appellant in CMA.No.1636 of 2011 : Mr.K.Sridharan C OM M O N J U D G M E N T Today, the claimant in MCOP No.2981 of 1999 is appeared before this Court through video conferencing. Both the counsel for the parties are also present in the Court. Earlier, the matter was referred to Mediation and Conciliation Centre for arriving settlement and subsequently, on 19.03.2021, an amicable settlement was entered between the parties before the Mediation and Conciliation Centre, High Court, Madras. Both the parties have agreed to the settlement. Both the counsel for the parties have also signed the settlement agreement. https://hcservices.ecourts.gov.in/hcservices/

2. According to the claimant, the accident was happened in the year 1998 and the appeals are pending for more than 11 years. Therefore, by considering the said fact, this Court directs the Transport Corporation to deposit the entire compensation amount on or before 15.06.2021 as per the settlement agreement and on such amount being deposited, the claimant is directed to file an appropriate application before the Tribunal within a period of two weeks from the date of deposit and on filing such application, the Tribunal shall pass orders for payment of compensation amount to the claimant as expeditiously as possible, more preferably, within a period of four weeks.

3. In view of recording the settlement agreement as well as the statement of the counsel for the parties, both the Civil Miscellaneous Appeals are disposed of. No costs. The settlement agreement shall form part of the decree. Both the parties are entitled for the refund of court fee if already paid. (*) Copy of SETTLEMENT AGREEMENT, dated 19/03/2021 herewith enclosed.

Sd/- Assistant Registrar (CS.II) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal, III Judge,Court of Small Causes, Chennai.

Copy to : The Section Officer, V.R.Section, Madras High Court, Chennai-104.

+1cc to Mr.K.Kathiresan, Advocate Sr.No.19961 AKM/31.03.21 /2P-4C/ CMA. Nos.2456 of 2009 and 26.03.2021 https://hcservices.ecourts.gov.in/hcservices/