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Madras High CourtCMA(MD)/105/2024disposed of

R. Villalan v. R. Elizabath Mery

2024-03-22Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.A(MD)No.105 of 2024 and C.M.P(MD)No.1687 of 2024 R. Villalan ... Appellant Vs.

1. R. Elizabath Mery

2. R.Rosi

3. R.Maran

4. R.Arockia Doni ... Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act to set aside the Impugned award passed in M.C.O.P No.98 of 2020 by the Learned Motor Accidents Claims Tribunal cum Additional District Judge, Ramanathapuram, dated 31.03.2022.

For Appellant : M/s.Aju Tagore For Respondents : Mr.V.Paneer Selvam JUDGEMENT The owner of vehicle has preferred this appeal against the award passed in M.C.O.P No.98 of 2020, dated 31.03.2022 on the file of the Motor Accidents Claims Tribunal/Additional District Court, Ramanathapuram. 1/7

2. It is a case of fatal. The Tribunal has fixed liability on the owner of the vehicle. Aggrieved by the same, the owner of the vehicle is before this Court by way of filing this Civil Miscellaneous Appeal.

3. After hearing submissions, this Court directed the parties to venture the possibility of settlement. After negotiation, the parties have arrived settlement and the claimants have agreed to receive a sum of Rs.7,50,000/-as full and final settlement. To this effect, a Joint Compromise memo has also been filed. In the said memo, all the parties in the Appeal have signed, which have also been countersigned by the respective counsels. The said Joint compromise memo is extracted hereunder:

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4. Accordingly, the instant Civil Miscellaneous appeal is disposed of The appeal is disposed of in terms of the Joint memo of compromise. The Joint memo of compromise, dated 22.03.2024 shall form part and parcel of this Judgment and Decree. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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22.03.2024 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA To

1. The Motor Accidents Claims Tribunal/ Additional District Court, Ramanathapuram.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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4. Accordingly, this Civil Miscellaneous appeal is allowed in terms of the joint memo of compromise. The joint memorandum of compromise shall form part and parcel of this Judgment and Decree. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.03.2024 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA To

1. The Motor Accidents Claims Tribunal/ Additional District Court, Ramanathapuram.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA Order made in C.M.A(MD)No.105 of 2024 22.03.2024 7/7