Madras High Court
Sbi General Insurance Company Ltd vs Mrs.I.Rasheetha on 28 April, 2021
C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.04.2021
Coram:
The Honourable Mr.Justice R.SUBBIAH
and
The Honourable Mrs.Justice S.KANNAMMAL
C.M.A.No.3531 of 2019
and C.M.P.No.20627 of 2019
SBI General Insurance Company Ltd.,
Branch Office, 2nd Floor, Ward No.A1,
Door No.104, Excellence Building,
Race Course, Coimbatore.
...Appellant
Versus
1.Mrs.I.Rasheetha
2.M.Ismail
3.Minor I.Saleema
rep. by her mother Rasheetha
4.K.Loganathan
5.N.Sundaram
...Respondents
This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicle Act, 1988 against the judgment and decree in M.C.O.P.No.823 of
2016 dated 20.12.2018 on the file of the Motor Accidents Claims Tribunal
(IV Additional District Court) Coimbatore.
For Appellant : Mr.K.Vinod
For Respondents - 1 to 3 : Mr.M.Sivakumar
http://www.judis.nic.in Respondents - 4 & 5 : Ex-parte
1/8
C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
JUDGMENT
(Judgment of the Court was delivered by R.Subbiah, J.,)
This Civil Miscellaneous Appeal has been filed by the
appellant/Insurance Company questioning the quantum of compensation
awarded by the learned IV Additional District Judge, Coimbatore, passed in
M.C.O.P.No.823 of 2016 dated 20.12.2018.
2. The brief facts of the case reads as follows:
On 07.02.2016 at about 20.00 hours, one Mr.I.Sahkul (deceased in
the present Appeal) was riding a bike bearing Registration No.TN 99C 6365
on Kovai to Pollachi Main Road, Sundarapuram, near City Union Bank. At
that time, a bus bearing Registration No.TN 66B 1230 came in a rash and
negligent manner dashed against the bike of the deceased. As a result of
which the said Sahkul sustained head injuries and died on the spot. Hence,
the respondents 1 to 3 herein viz., mother, father and sister of the deceased
Sahkul had filed a Claim Petition in M.C.O.P.No.823 of 2016 against the
respondents 4 & 5 and appellant/Insurance Company, claiming a sum of
Rs.30,00,000/- as compensation for the death of said Sahkul.
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C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
3. The respondents 4 & 5 were remained ex parte before the
Tribunal.
4. The appellant/Insurance Company filed a counter statement,
wherein, they denied the averments made by the respondents 1 to 3 in the
Claim Petition.
5. When the matter came up before the Tribunal on 20.12.2018, on
the side of the claimants, 3 witnesses were examined viz., P.W.1 to P.W.3
and 8 documents were marked as exhibits viz., Ex.P1 to Ex.P8 and on the
side of the respondents 4 & 5 and appellant/Insurance Company, neither any
witness was examined nor any documents were produced.
6. On appreciation of the oral and documentary evidence produced
before it on the side of the claimants, the Tribunal arrived at a finding that
the accident had occurred due to the rash and negligent driving of the first
respondent. By arriving at such a conclusion, the Tribunal directed the
respondents 4 & 5 and the appellant/Insurance Company to pay a sum of
Rs.24,49,200/- as compensation to the respondents 1 to 3. Aggrieved by the
http://www.judis.nic.in
C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
quantum of compensation awarded by the Tribunal, the appellant/Insurance
Company has filed the present Appeal.
7. The learned counsel on both sides submitted in unison that the
parties have arrived at a settlement, in and by which, the claimants agreed to
receive a sum of Rs.19,00,000/- (Rupees Nineteen Lakhs) in full quit. They
have also filed a Joint Memo for Recording Settlement dated 26.03.2021,
entered into between the parties, before this Court. Hence, they prayed that
the said Joint Memo for Recording Settlement filed by them may be recorded
and the present Appeal may be disposed of in terms of the same.
8. The said Joint Memo For Recording Settlement reads as follows:
"1.The appeal has been filed by the appellant/Insurance
Company. The above MCOP has been filed by the
respondents 1 to 3/claimants claiming compensation for the
death of one I.Sahkul, son of the 1st and 2nd respondent and
brother of the third respondent, in an accident which
occurred on 07.02.2016 involving the vehicle bearing
Registration No.TN 66 B 1230, insured with this appellant.
2. The tribunal passed an award dated 20.12.2018 for
a sum of Rs.24,49,200/- along with interest and costs.
Aggrieved by this order, the appellant preferred the above
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C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
appeal and the appellant deposited 75% of award amount as
per the conditional order passed by this Hon'ble Court vide
order dated 23.09.2019 in C.M.P.No.20627 of 2019.
3. Now the respondents 1 to 3/claimants and the
appellant insurance company have negotiated for settlement
and arrived at a sum of Rs.19,00,000/- (Rupees Nineteen
Lakhs only) in full quit.
4. It is therefore prayed that this Hon'ble Court may be
pleased to record this Memo of Compromise and pass an
award for a sum of Rs.19,00,000/- (Rupees Nineteen Lakhs) in
full quit in favour of the respondents 1 to 3/claimants payable
by the appellant to the credit of the above MCOP. This
Hon'ble Court may be pleased to apportion the award as
Rs.10,00,000/-, Rs.5,00,000/- and Rs.4,00,000/- in favour of
the respondents 1 to 3/claimants 1 to 3 respectively and also
permit them to withdraw their respective share amount. As
per the interim order of this Hon'ble Court, the appellant
already deposited Rs.23,64,638/- and hence this Hon'ble
Court may be pleased to direct the tribunal to return the
balance excess amount of Rs.4,64,638/- to the appellant with
accrued interest thereon. This Hon'ble Court may be pleased
to order refund of court fee paid by the appellant."
9. Considering the submissions made by the learned counsel on both
sides, this Court is inclined to dispose of the present Appeal in terms of the
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C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
said Joint Memo for Recording Settlement. Accordingly, this Civil
Miscellaneous Appeal is disposed of in terms of the Joint Memo for
Recording Settlement dated 26.03.2021 filed by the respective counsel on
both sides. It is needless to state that the Court fee paid shall be refunded to
the appellant in the manner provided under the Court Fees Act, 1870 as
provided for under Sub Section 1 of Section 21 r/w 25 of LSA Act 1987 as
amended in 1994, read with Section 69A of Tamil Nadu Court Fee and Suit
Valuation Act, 1955 (as amended by Act VI of 2017).
10. The terms of the above Joint Memo for Recording Settlement are
recorded and the same shall form part of the decree. No costs.
Consequently, connected Miscellaneous Petition is closed.
(R.P.S.J.,) (S.K.J.,)
28.04.2021
mrr
Index : Yes / No
Speaking Order (or) Non-Speaking Order
http://www.judis.nic.in
C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
To
1.The Motor Accidents Claims Tribunal
II Additional District and Sessions Judge's Court,
Chidambaram.
2. The Public Prosecutor,
High Court,
Madras.
http://www.judis.nic.in
C.M.A.No.3531of 2019
and C.M.P.No.20627 of 2019
R.SUBBIAH, J.,
and
S.KANNAMMAL, J.,
mrr
C.M.A.No.3531 of 2019
28.04.2021
http://www.judis.nic.in
