The United India Insurance Company is on appeal challenging the award and decree dated 17.6.2008 passed in M.C.O.P.No.128 of 2007 on the file of the Motor Accidents Claims Tribunal (Principal District Court), Tiruvallur.
2. This Civil Miscellaneous Appeal is listed today at the instance of the Registry.
3. The Civil Miscellaneous Appeal was disposed off on 23.1.2009 in terms of a memo of compromise filed. Appellant is the insurance company. First respondent is the mother and the respondents 2 and 3 are the children of the respondent No.1. At the time of filing the appeal on 19.12.2008, the two children, the respondents 2 and 3, were minors.
4. In this case, the compromise memo was filed on 23.1.2009 by the mother for herself and on behalf of the two minor children. The permission of the Court was not taken to enter into a compromise for and on behalf of the two minors. The compromise was filed by the appellant insurance company and the first respondent, the first claimant and an order has been passed by this Court recording the memo of compromise. The appeal was ordered in terms of memo of compromise.
5. The Registry raised an objection stating that Court's permission has not been obtained in terms of the Rule 7(1) and (1-A) of Order 32 CPC for entering into a memorandum of compromise in respect of two minors and such an objection is justified in view of the above provision of law and the compromise entered into by the mother on behalf of the two children without the permission of the Court is not valid. The orders of this Court therefore, deserves to be recalled and is thereby recalled.
6. The first respondent, the first claimant, thereafter approached the Tribunal and filed Interlocutory Applications for declaring the son as major and to discharge her from the guardianship and the Tribunal by order dated 23.4.2009 ordered the same in I.A.Nos.391 and 392 of 2009 respectively. In the same manner in respect of the minor daughter, Sivapriya, the mother filed applications to declare the minor daughter as major and to discharge her from the guardianship and the Tribunal by order dated 22.10.2009 ordered the same in I.A.Nos.752 and 753 of 2009 respectively.
7. Counsel for the respondents 1 to 3 filed a memo dated 22.12.2009 along with certified copies of order passed by the Tribunal declaring the respondents 2 and 3 as majors and discharging the guardianship of the first respondent and prays to amend the cause title in the appeal memorandum accordingly. The memo is recorded. In view of the orders passed by the Tribunal declaring the respondents 2 and 3 as majors, the Registry is directed to amend the cause title suitably.
8. Based on the orders of the Tribunal declaring the minors as majors, a fresh compromise memo dated 22.12.2009 has been filed before this Court and the terms of memo of compromise is as follows:-
"It is respectively submitted that in the above MCOP No.128 of 2007 after full trial the Principal District Judge, Tiruvallur was pleased to passed an Award for Rs.11,25,000/- with 7.5 % interest and cost of Rs.18,250/- holding the appellant/2nd respondent to satisfy the Award.
It is respectively submitted that in the CMA No.40 of 2009 against the MCOP No.128 of 2007 on the file of Principal District Judge, Tiruvallur a Memo of Compromise dated 23.1.2009 was filed by the appellant and Ist respondent herein, for herself and as guardian for minor respondents 2 and 3. It was agreed to reduce the award to Rs.9,50,000/- with 7.5% interest and cost. It is submitted that in the said Memo of Compromise, the apportionment of compensation between the respondents 1 to 3 in the appeal was not specified. It is submitted that the apportionment shall be the same as allowed by the Lower Court in MCOP No.128 of 2007 on the file of Principal District Judge, Tiruvallur. It is submitted the same may be read as part and parcel of the Memo of Compromise dated 23.1.2009 and thus render justice."
The Civil Miscellaneous Appeal is ordered in terms of the Memo of Compromise dated 22.12.2009. No costs. The Memo of compromise dated 22.12.2009 will be form part of the order.
ts To The Principal District Judge, (Motor Accidents Claims Tribunal) Tiruvallur