M. Ramaselvam v. The New India Assu Co.Ltd.,Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.2777 of 2013 M.Ramaselvam .. Appellant/Petitioner Vs.

1.N.Balasubramani (R1 remained exparte before Tribunal.

Hence, notice to R1 dispensed with) 2.The New India Assurance Company Limited, No.45, Moore Street, Chennai - 600 001.

..Respondents/Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 23.08.2012 made in M.C.O.P.No.1657 of 2010 on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai.

Decree:This Civil Miscellaneous Appeal coming up for hearing on Friday the Eighteenth day of December 2020 and upon perusing the order and award of the Tribunal below and upon hearing the arguments of MR.K.Suryanarayanan, Advocate for the Appellant and of Mr.E.Rajadurai for Mr.N.Vijayaraghavan, Advocate for the Second Respondent it is having submitted that both the parties have settled their differences and entered into a compromise between themselves and filed a Joint Memo of Compromise dated 14.12.2020 requesting this Court to pass a final decree in this Civil Miscellaneous Appeal in terms thereof and the Joint Memo of Compromise having been duly signed by both Appellant and Respondents as well as by the respective Advocates,the 2nd respondent/Insurance Company having already deposited entire award amount viz., Rs.5,50,460/- with interest and costs in supersession of the decree of Court below, this Court while recording the said Joint Memo of Compromise doth order and decree as follows:

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i)that the 2nd Respondent/Insurance Company do deposit the enhanced compensation of Rs.1,50,000/-(Rs.One Lakh Fifty Thousand Only) over and above the amount awarded by the Tribunal without any interest and costs, in full quit within a period of four weeks from the date of the order; and ii)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The VI Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai.

Copy to:

The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.K.Suryanarayanan, Advocate SR.No. 41830 Dated:18.12.2020 DECREE C.M.A.No.2777 of 2013 Disposing the Civil Miscellaneous Appeal in terms of Joint Memo of Compromise filed against the Judgment and decree dated 23.08.2012 made in M.C.O.P.No.1657 of 2010 on the file of the Motor Accident Claims Tribunal,VI Small Causes Court, Chennai, etc as stated within.

A.SK(28.09.2021) https://hcservices.ecourts.gov.in/hcservices/