Murugaiyan v. K. Ravishankar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2015
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN C.M.A.Nos.398 and 399 of 2015 1.
Murugaiyan 2.
Karthikeyan 3.
Muthulakshmi 4.
Sankar .. Appellants in CMA.No.398/2015 Murugaiyan .. Appellant in CMA.No.399/2015 Vs.
1.
K.Ravishankar 2.
The Branch Manager The New India Assurance Company Limited No.30, 1st J.N.Street Puduchery.
.. Respondents in both the appeals For Petitioners : Mr.R.Sreedhar For Respondent-2 : Mr.J.Chandran These Civil Miscellaneous Appeals have been filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 23.11.2013 in MCOP.Nos.544 and 545 of 2011 on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Pondicherry.
COMMON JUDGMENT These Civil Miscellaneous Appeals were referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.
2. A communication dated 16.06.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 08.06.2015 has been received, wherein it is stated as follows:- "Both the parties appeared before the Centre along with their counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence, the matter is sent back to the Hon'ble Court."
3.As the parties have arrived at a settlement in terms of the Mediation Agreement dated 08.06.2015, these Civil Miscellaneous Appeals are listed for passing of an order in terms of the settlement. 4.The Mediation agreement dated 08.06.2015, signed by the parties and their respective counsel in C.M.A.No.398 of 2015 reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
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1. Both parties arrived at a settlement amicably between them before the Mediation Centre.
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2. Both parties agree to settle the dispute for a sum of Rs.95,000/- (Rupees Ninety Five thousand only) in full quits.
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3. Accordingly, 2nd Respondent agree to pay a sum of Rs.95,000/- (Rupees Ninety Five thousand only) to the Appellants within a period of two months from the date of receipt of the Hon'ble Court order. Appellants agree to receive the same.
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4. Both parties agreed that they did not have any other claims against each other."
5.The Mediation agreement dated 08.06.2015, signed by the parties and their respective counsel in C.M.A.No.399 of 2015 reads as follows:- ""Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
•
1. Both parties arrived at a settlement amicably between them before the Mediation Centre.
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2. Both parties agree to settle the dispute for a sum of Rs.2,00,000/- (Rupees two lakhs only) in full quits.
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3. Accordingly, 2nd Respondent agree to pay a sum of Rs.2,00,000/- (Rupees two lakhs only) to the Appellant with in a period of two months from the date of receipt of the Hon'ble Court order. Appellant agree to receive the same.
4. Both parties agreed that they did not have any other claims against each other."
6.
In terms of settlement arrived at between the parties which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, in its Report dated
08.06.2015, these Civil Miscellaneous Appeals are disposed of recording the Mediation Agreement. The Mediation Agreement and the report of the Mediation Centre shall form part of this order. (Mediation agreement and report xerox copy of the enclosed) Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Mra To II Additional District Judge, Motor Accident Claims Tribunal, Pondicherry.
+2ccs to Mr.J. Chandran, Advocate, S.R.No.30723 30724 +2ccs to Mr. R. Sreedhar, Advocate, S.R.No.30180 & 30179 EU(09/09/2015) C.M.A.Nos.398 and 399 of 2015