The Managing Director v. S.Aravinth, S/O.Late Shankar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A(MD) No.457 of 2017 and C.M.P(MD)No.4932 of 2017 The Managing Director, Tamil Nadu State Transport Corporation Limited, (Kumbakonam Division I), Railway Station New Road, Kumbakonam.

... Appellant/Respondent Vs.

S.Aravinth

...Respondent/Petitioner

(Minor now declared as Major as per order of this court dated 25.10.2018) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award made in M.C.O.P.No.23 of 2011, dated 31.03.2016 passed by the Motor Accident Claims Tribunal ( Principal District Judge), Karur.

For Appellant : Mr.D.Sivaraman For Respondent : M/s.M.S.Prem Anandh and N.Senthil Kumar for Mr.N.Shanmugaselvam

JUDGMENT

The appeal is filed against the award made in M.C.O.P.No.23 of 2011, dated 31.03.2016, passed by the Motor Accident Claims Tribunal (Principal District Judge), Karur.

2.Heard Mr.D.Sivaraman, learned counsel appearing for the appellant and Mr.M.S.Prem Anandh and Mr.N.Senthil Kumar, learned counsel representing Mr.N.Shanmuga Selvam, learned counsel appearing for the respondent.

3.The learned counsel appearing for the appellant submitted that the respondent/claimant was minor at the time of filing the claim petition and his Date of Birth is 03.10.1999. Now, he has attained majority and he has also produced the Xerox copy of the Aadhar Card.

4.Being satisfied with the document produced, the guardianship of the minor is discharged and the respondent/claimant is declared as major.

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5.The learned counsel appearing for both sides represented that the appellant and the respondent have settled the matter, and agreed to settle the claim for Rs.1,66,431/- in full quit including TDS at Rs.10,361/-.

6.The appellant and the respondent are present and their identifications were also verified by this Court. A Joint compromise memo, dated 09.10.2018, duly signed by the parties as well as their counsels has also been filed. The parties who are present before this Court, have stated that the matter may be disposed of, in terms of the compromise memo, dated 09.10.2018. The learned counsel appearing for the appellant further submitted that the entire award amount had already been deposited. 6.Recording the joint compromise memo, dated 09.10.2018 the Civil Miscellaneous Appeal is disposed of and there shall be a decree in terms of the memo of compromise filed by the parties. The said Compromise memo shall form part of this judgment. The respondent is entitled to withdraw the amount deposited to the credit of M.C.O.P.No.23 of 2011, on the file of the Motor Accident Claims Tribunal (Principal District Judge), Karur, by filing necessary application.

No Costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) Encl: xerox copy of Joint memo Compromise To

1. The Motor Accident Claims Tribunal, Principal District Judge, Karur.

2.The Section Officer, V.R.Section, Madurai bench of Madras High Court, Madurai. (2 COPIES) +1CC TO MR.D.SIVARAMAN, Advocate Sr. No. 92023 +1CC TO MR.N.SHANMUGASELVAM, Advocate Sr. No. 92067 C.M.A(MD)No.457 of 2017 25.10.2018 TR (26.02.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/