Basrul Sash v. M.Vardadhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CMA No.3142 of 2021 Basrul Sash ... Appellant Vs.

1.M.Vardadhan

2. Reliance General Insurance Company Limited Legal Department Reliance House, 6th floor, No.6, Haddows Road, Nungambakkam, Chennai-600 006.

... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the award dated 08.04.2021 made in MACTOP.No.258 of 2016 on the file of the Motor Accidents Claims Tribunal, Court in the V Court of Small Causes, Chennai. For appellant : M/s.M.Malar For Respondents : R1- Set Exparte M/s.C.Bhuvana Sundari for R2

JUDGMENT

The learned counsel for the appellant as well as contesting 2nd

respondent/Insurance company filed a Joint Compromise Memo stating that the appellant/claimant and the 2nd respondent/Insurance company agrees to settle the matter for a sum of Rs.1,50,000/- as full quit. The joint compromise memo filed by the parties dated 15.02.2025 is taken on file and the same is recorded. The compromise memo shall form part of the decree in this appeal.

2. Therefore, the Civil Miscellaneous Appeal is disposed of by directing the 2nd respondent to pay a sum of Rs.1,50,000/- as full quit to the appellant/claimant. The 2nd respondent shall deposit the above said sum within a period of four weeks from today after deducting any amount already deposited. On such deposit by the 2nd respondent, the appellant is entitled to withdraw the said amount by making formal application before the Tribunal. No costs.

14.02.2025 Index:Yes/No Internet:Yes/No nr

To

1. Motor Accident Claims Tribunal, V Court of Small Causes, Chennai.

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

S.SOUNTHAR, J.

nr CMA No.3142 of 2021 14.02.2025

C.M.A.No.3142 of 2021 S.SOUNTHAR,J.

It is brought to the notice of this Court that in paragraph Nos.1 and 2, the words "in addition to the award amount of the Tribunal" are missing. In the joint compromise memo filed by both the parties, it is clearly mentioned that the claimant and the Insurance Company agreed to settle the matter for a sum of Rs.1,50,000/- as full quit in addition to the award amount of the Tribunal. Therefore, in page 2 line 2 and in paragraph No.2 line 2, after the words "as full quit" the following words shall be inserted.

"in addition to the award amount of the Tribunal"

2. The Registry is directed to carry out necessary corrections and issue fresh order copy to the parties.

08.07.2025 vsm

S.SOUNTHAR,J.

vsm C.M.A.No.3142 of 2021 08.07.2025