M. Govindaraj vs Vajjiravel

M. Jaichandren, J.—The Civil Miscellaneous Appeal is filed against the fair and decreetal orders dated 27.09.2006 passed in M.C.O.P. No. 145 of 2003 on the file of the Motor Accident Claims Tribunal (Additional Special Court, Krishnagiri), Dharmapuri District, Krishnagiri. This Civil Miscellaneous Appeal was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 25.04.2013.

A communication, dated 25.09.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 10.09.2013, has been received, and in the said Mediation Report, it is stated as follows:-

Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon''ble Court.

As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 10.09.2013, this Appeal is listed for passing orders in terms of the said Mediation Agreement.

The Mediation Agreement, dated 10.09.2013, signed by the parties and the counsel appearing for the petitioner as well as counsel for the respondent, reads as follows:-

The Respondent herein filed M.C.OP. No. 145/2003 on the file of the Motor Accident Claims Tribunal Additional District Judge, Krishnagiri, Claiming a sum of Rs. 5,00,000/- (Rupees five lakhs only) towards compensation for the injuries sustained by him in the Road Accident. The Tribunal has passed the award on 27.09.2006 in the said M.C.OP. directing the Appellant to pay a sum of Rs. 84,350/- with 7.5% interest as compensation. Against said award, the Appellant filed the above C.M.A. and the above the Appeal was referred to the Mediation Centre.

Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

The Respondent/Claimant agreed to receive a total sum of Rs. 75,000/- in full and final satisfaction of the award passed in M.C.OP. No. 145/2003 on the file of the Motor Accident Claims Tribunal Additional District Judge, Krishnagiri.

The Appellant has already deposited a sum of Rs. 25,000/- before the Tribunal in M.C.OP. No. 145/2003 on the file of the Motor Accident Claims Tribunal Additional District Judge, Krishnagiri, before filling the present appeal and the Appellant has further paid a sum of Rs. 50,000/- (Rupees fifty thousand only) to the Respondent, today in the form of two Demand Drafts bearing Nos. 704834 and 704835, dated 29.08.2013 drawn on Indian Overseas Bank, Krishnagiri Branch for Rs. 49,500/- and Rs. 500/- respectively.

The Respondent is entitled to withdraw a sum of Rs. 25,000/- already deposited into the Credit of M.C.OP. No. 145/2003 on the file of the Motor Accident Claims Tribunal Additional District Judge, Krishnagiri along with Accured interest if any and the Appellant has no objection to withdraw the said amount.

The Respondent has no further claim against the Appellant with respect to the award passed in M.C.OP. No. 145/2003 on the file of the Motor Accident Claims Tribunal Additional District Judge, Krishnagiri.

It is therefore the prayed that this Hon''ble Court may pleased to record this Mediation Agreement and to pass a decree in terms of this compromise.

In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 10.09.2013, and in terms of the Mediation Report, dated 10.09.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this appeal is disposed of, recording the terms of the Mediation Agreement, dated 10.09.2013. The terms of the Mediation Agreement, dated 10.09.2013 and the Mediation Report, dated 10.09.2013, of the Mediation Centre, shall form part of the order.