Appeal against Motor Accident Claims Tribunal award allowed partly. Parties filed joint settlement memo enhancing compensation. Court recorded agreement and allowed appeal in terms of compromise.
Appeal partly allowed. Compensation enhanced by Rs.1,30,000 per settlement. Joint memo forms part of decree.
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C.M.A.No.139 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.139 of 2023
R.Rasambal, W/o.Rasu, Hindu aged 47 years, Petitioners are permanently residing at No.618, Kizhakku Street, Nadukuppam Post, Kizhaku Mettukuppam, Keezhiruppu Panruti Taluk, Cuddalore District 607 103.
... Appellant
Vs.
1.A.Venkatakrishnan, S/o.Ashwatha Reddiar, Sri Jayanthi Services, No.16, Kamaraj Salai, Puducherry 607 013.
2.The Divisional Manager, United India Insurance Co. Ltd., Third Party Service Hub, Plot No.35, 36 & 37 AR Plaza, 45 Feet Road, Balaji Nagar Extn., Saram, Puduchery 605011. ... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
the Judgment and Decree in MCOP.No.166 of 2019 dated 30.03.2022 on the
file of the Motor Accident Claims Tribunal/Sub Court, Panruti.
For Appellant : Ms.Ramya V.Rao For Respondents : Mr.D.Bhaskaran (for R2)
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C.M.A.No.139 of 2023
J U D G M E N T
The Appeal has been filed against the Judgment and Decree made in
MCOP.No.166 of 2019 dated 30.03.2022 on the file of the Motor Accident
Claims Tribunal/Sub Court, Panruti.
04.01.2023, properly signed and counter signed by the parties and their respective counsels. The terms of settlement are as follows:
2.The 2nd Respondent/Insurance Company is willing to deposit the sum of Rs.1,30,000/- without interest to the credit of the above MCOP within four weeks from the date of communication of the award passed on the basis of this joint memo.
3.The Appellant/Petitioner shall withdraw the deposited amount as per decree which is payable to the Appellant in credit of the above MCOP within a period of four weeks from the date of
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C.M.A.No.139 of 2023
communication of the copy of the award and on such deposit the Tribunal shall transfer the entire compensation amount to the bank account of the Appellant/Petitioner by way of RTGS/NEFT on proper identification, in accordance with the terms of award without insisting any formal permission petition."
3.In view of the above said submission of the learned counsel on both
sides the compensation fixed by the Tribunal at Rs.5,35,084/- has been enhanced with additional amount of Rs.1,30,000/- as full quit. The joint compromise memo dated 04.01.2023 filed by the learned counsel on both sides is recorded.
4.Accordingly, the Civil Miscellaneous Appeal is partly allowed in terms of the joint compromise memo dated 04.01.2023. The joint memo dated 04.01.2023 shall form part of the Decree. No costs.
27.01.2023
Index : Yes/No Neutral Citation : Yes/No Speaking Order/Non-Speaking Order
sai
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C.M.A.No.139 of 2023
RMT.TEEKAA RAMAN.J,
sai
To The Sub Judge, Sub Court, Panruti
C.M.A.No.139 of 2023
Dated: 27.01.2023
2 issues framed by the court
Whether the civil miscellaneous appeal must be allowed in light of a post-award settlement memo.
Whether the compensation amount can be enhanced by agreement of parties after the tribunal award.
1 provisions across 1 enactments
R Rasambal
A Venkatakrishnan
United India Insurance Co Ltd
RMT Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
