Madras High Court
The United India Insurance Co. Ltd vs D.Malliga on 15 April, 2021
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 15.04.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
The United India Insurance Co. Ltd.,
Third Party Claims Office (HUB),
44-46, 4th Floor,
Murugesa Naicker Complex,
Greams Road, Chennai 9. .. Appellant
Versus
1. D.Malliga
2. D.Lingheswari
3. Sandhya (minor)
4. Roshni (minor)
(minors are represented by their mother
and guardian D.Malliga)
5. A.Parimala
6. Tamil Nadu State Transport Corporation,
3/137, Salamedu, Valdhurareddy Post,
Villupuram 3. .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 18.04.2018 made in
MCOP.No.4024 of 2010 on the file of the Motor Accident Claims Tribunal /
II Court of Small Causes, Chennai.
https://www.mhc.tn.gov.in/judis/
1/5
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
For appellant : Mr.D.Bhaskaran
For respondents : Mr.K.Prem Kumar, for RR1 to 4
JUDGMENT
(The Judgment of the Court was delivered by R.Subbiah, J)
The appeal is heard through video conferencing.
2. Questioning the quantum of compensation of Rs.17,80,000/- along
with 7.5% interest, awarded by the Motor Accident Claims Tribunal / II Court
of Small Causes, Chennai, in MCOP.No.4024 of 2010, dated 18.04.2018, the
present appeal has been filed by the United India Insurance Co. Ltd. Pursuant
to the award, the appellant/Insurance Company deposited the award amount
along with interest, i.e., a sum of Rs.31,08,214/- to the credit of
MCOP.No.4024 of 2010.
3. Today, it is represented by the learned counsel appearing for the
appellant / Insurance Company as well as the learned counsel for the
respondents 1 to 4 / claimants that the parties have settled the matter amicably
and they have also filed a joint memo of compromise, dated 07.04.2021 to that
effect signed by both the counsels and the parties. The terms of the joint memo
of compromise reads as follows:
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
i) The appellant United India Insurance Company shall be
permitted to withdraw Rs.10,00,000/- only out of the deposited
amount.
ii) The balance of deposited amount, i.e., Rs.21,08,214/- by
the claimants shall be permitted to withdraw by the claimants /
respondents 1 to 4 herein following the apportionment fixed by the
Tribunal.
4. The joint memo of compromise, dated 07.04.2021 is recorded.
In view of the above joint memo of compromise, entered between the parties,
the appellant/Insurance Company is permitted to withdraw Rs.10,00,000/- and
the respondents 1 to 4/claimants are permitted to withdraw the balance amount
of Rs.21,08,214/- as apportioned by the Tribunal. Accordingly, the appeal is
disposed of in terms of joint memo of compromise. The joint memo of
compromise shall form part of the decree. No costs. Consequently, connected
miscellaneous petition is closed.
[R.P.S., J] [S.K., J]
15.04.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
To
1. The Motor Accident Claims Tribunal /
II Court of Small Causes, Chennai
2. Tamil Nadu State Transport Corporation,
3/137, Salamedu, Valdhurareddy Post,
Villupuram 3
3. The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
pvs
C.M.A. No.1299 of 2021
and CMP.No.6595 of 2021
15.04.2021
https://www.mhc.tn.gov.in/judis/
