The Managing Director v. T.Sarasu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Fifth day of October Two Thousand and Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD) No.655 of 2017 THE MANAGING DIRECTOR TNSTC LTD., (KUMBAKONAM DIVISION I)M RAILWAY STATION NEW ROAD, KUMBAKONAM. :APPELLANT/RESPONDENT Vs 1 T.SARASU 2 T.SELVARAJ 3 S.GEETHA :RESPONDENTS 1 to 3/PETITIONERS 1 to 3 Appeal filed under section 173 of the Motor Vehicles Act, 1988, preferred against the award of the Motor Accident Claims Tribunal (Principal District Judge), Karur, dated 31.03.2016 made in MCOP.No.286 of 2011.

DECREE:

This Civil Miscellaneous Appeal coming on for hearing on this day in the presence of Mr.D.Saravanan, Advocate for Appellant and Mr.M.S.Prem Anandh and Mr.N.Senthil Kumar for Mr.N.Sanmugaselvam, Advocate for the Respondents herein and the parties having settled their differences and entered into a compromise between themselves through their respective counsels and having filed the memo of compromise duly signed by the parties as well as their Advocates and upon perusing the grounds of Appeals and the judgment and decree of the Court below and the records relating to the case and the memo of compromise, in pursuance of the submission made in the joint memo of compromise dated 09.10.2018 that the Appellant herein having been deposited the sum of Rs.6,80,358/-(Rupees Six Lakhs Eighty Thousand and Fifty Eight Only) exclude TDS Rs.

35,203/-(Rupees Thirty Five Thousand Two Hundred and Three only) into the credit of the above MCOP.

(i) that both parties Appellant and Respondents herein do agree to settle the claim for Rs.7,15,561/-( Rupees Seven Lakhs Fifteen Thousand Five Hundred and Sixty One only) including TDS Rs.35,203/- (Rupees Thirty Five Thousand Two Hundred and Three only) into the credit of the MCOP.No.286 of 2011, MACT, District Judge, Karur. (ii)That on such deposit the 1st Respondent herein/1st Claimant shall entitled to sum of Rs.3,00,000/-(Rupees Three Lakhs Only) and TDS amount Rs.35,203, which was deducted;

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(iii)that, the 2nd Respondent herein/2nd Claimant shall entitled to a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) (iv)that the 3rd Respondent herein/ 3rd Claimant shall entitled to a sum of Rs.1,80,250/-(Rupees One Lakh Eighty Thousand Two Hundred and Fifty Rupees Only) (v)That the respondents shall entitled to payment of the amounts deposited to the credit of MCOP.286 of 2011, on the file of the MACT, Principal District Judge, Karur, by filing necessary Application and;

(vi)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (WRITS) // True Copy // Sub Assistant Registrar(CS II) TO THE PRINCIPAL DISTRICT JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

Copy To:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1CC to Mr.D.SIVARAMAN , Advocate SR.No. 9204 +1CC to Mr.N.SHANMUGASELVAM , Advocate SR.No.92064. ORDER DATED :25/10/2018 DECREE CMA(MD) No.655 of 2017 Disposing the Appeal and terms of joint compromise, preferred against the award of the MACT, Principal District Judge, Karur, dated 31.03.2016 made in MCOP.286 of 2011 and etc., as stated within.

https://hcservices.ecourts.gov.in/hcservices/ DS(KM) RSK SARII 05 04 2019 2P 6C