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Madras High CourtCMA/2091/2018disposed of

M/S. Sbi Gen.Ins.Com.Ltd., v. Vijayalakshmi

2018-09-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CMA No.2091 of 2018 M/s.SBI General Insurance Company Limited, Ground and Mezzanine Floors, Greams Dugar, New No.64, Old No.149, Greams Road, Chennai - 600 006.

... Appellant/2nd Respondent -vs1.Vijayalakshmi 2.Anandan 3.M/s.Kaveri Warehousing Pvt. Ltd., NDR Estate, 1, GNT Road, Kanaka Chatram, Ponnaimmanmedu, Thiruvallur - 600 110.

... Respondents(Petitioners 1 & 2 and 1st Respondent) Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 15.03.2017 made in M.C.O.P.No.5388 of 2013 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai.

For Appellant :

Mr.M.B.Raghavan For Respondents:

Mr.K.V.Muthuvisakan

J U D G M E N T

[Judgment of the Court was delivered by K.K.SASIDHARAN,J.] The appellant has come up with this appeal challenging the judgment and decree dated 15 March 2017 in M.C.O.P.No.5388 of 2013 on the file of the Motor Accidents Claims Tribunal, Chennai, awarding a compensation of Rs.18,95,000/- to the respondents 1 and 2.

2. When the appeal is taken up for admission today, the learned counsel for the parties filed a Joint Memorandum of Compromise indicating the terms and conditions of the settlement. The appellant agreed to pay a total amount of Rs.21,40,000/- to the respondents 1 and 2 in full quit. The Joint Memorandum of Compromise is taken on record and the same shall form part of the judgment.

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3. There shall be a decree in terms of the Joint Memorandum of Compromise dated 7 September 2018. The respondents 1 and 2 are permitted to withdraw the amount in accordance with the proportion indicated in the Joint Compromise Memo filed by the parties.

4. The Civil Miscellaneous Appeal is disposed of in terms of the Joint Memorandum of Compromise dated 7 September 2018. No costs.

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

+1cc to MR.M.B.Gopalan Associates, SR.NO.63228 NM(CO) sm:15.11.2018 CMA No.2091 of 2018 https://hcservices.ecourts.gov.in/hcservices/