Gokilavani v. Thangaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and C.M.P.No.3670 of 2021 Gokilavani ... Appellant Vs.

1.Thangaraj 2.N.Venkatesan ... Respondents Prayer: This Civil Miscellaneous Appeal is filed under 173 of the Motor Vehicles Act,1988, against the Judgment and Decree dated 01.04.2014 made in M.A.C.T.O.P.No.6 of 2011 on the file of the Motor Accident Claims Tribunal [Sub Court, Hosur], Krishnagiri District. For Appellant : Mr.M.R.Jothimanian For Respondents : No appearance ******** 1/4

J U D G M E N T

The owner of the vehicle has preferred this appeal challenging the award passed in M.C.O.P.No.6 of 2011 wherein the Tribunal has directed the owner of the vehicle to pay the compensation and the Insurance Company was exonerated of his liability. Challenging the award on the ground of liability, this appeal has been filed.

2. Now pending the appeal, parties have entered into a compromise and as per the compromise arrived between the parties a sum of Rs.1,75,000/- has been paid to the 1st respondent.. The first respondent herein is the claim petitioner before the Tribunal.

3. The learned counsel for the appellant filed a memo, dated 08.03.2024 and this Civil Miscellaneous Appeal is allowed in terms of the said memo of compromise. The Tribunal has awarded a sum of Rs.3,15,500/- as compensation and it was mutually agreed upon between the parties that the appellant shall pay a consolidated sum of Rs.1,75,000/- to the first respondent and hence nothing survives for adjudication.

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4. Accordingly, this Civil Miscellaneous Appeal is closed. No costs. Consequently, connected C.M.P is closed.

08.03.2024 Index : Yes / No nvi To 1.The Sub Court, Hosur, Krishnagiri District. 2.The Section Officer, VR Section, High Court, Madras.

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RMT.TEEKAA RAMAN, J.

nvi Judgment in C.M.A.No.602 of 2021 and C.M.P.No.3670 of 2021 08.03.2024 4/4