Oriental Insurance Company Ltd vs Mathu
2021 Latest Caselaw 9604 Mad

                                                                              C.M.A. No.1940 of 2020



                                   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.1940 of 2020
                                              and CMP.No.14347 of 2020


                  Oriental Insurance Company Ltd.,
                  New No.115, Old No.216,
                  Prakasam Salai, Broadway,
                  Chennai 600 108.                                         .. Appellant

                                                      Versus

                  1. Mathu
                  2. T.M.Elumalai                                          .. Respondents

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
                  Vehicles Act, 1988 against the judgment and decree dated 12.11.2019 made in
                  MCOP.No.5509 of 2016 on the file of the Motor Accident Claims Tribunal /
                  Special Sub Court No.II, Court of Small Causes, Chennai.


                            For appellant          : Mr.D.Bhaskaran
                            For respondents        : M/s.M.Malar, for R1




https://www.mhc.tn.gov.in/judis/


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                                                                                    C.M.A. No.1940 of 2020



                                                      JUDGMENT

(The Judgment of the Court was delivered by R.Subbiah, J)

The appeal is heard through video conferencing.

2. When the matter is taken up for hearing, the learned counsel for the

appellant / Insurance Company submitted that they have settled the matter with

the first respondent / claimant for a sum of Rs.20,29,000/- with 7.5% interest

as against the compensation of Rs.30,61,000/- awarded by the Tribunal and

hence, he seeks permission of this Court to withdraw the appeal.

3. Recording the above submission of the learned counsel for the

appellant/Insurance Company, the appeal is dismissed as withdrawn. However,

the appellant/Insurance Company is directed to deposit the sum of

Rs.20,29,000/- with interest at 7.5% from the date of claim petition till the date

of payment, after adjusting the amount if any already deposited, within a

period of four weeks from the date of receipt of a copy of this judgment. On

such deposit, the first respondent / claimant is permitted to withdraw the entire

amount in accordance with law before the Tribunal. No costs. Consequently,

connected miscellaneous petition is closed.

https://www.mhc.tn.gov.in/judis/

C.M.A. No.1940 of 2020

4. Registry is directed to return back the original records to the Tribunal

forthwith.

                                                                            [R.P.S., J]      [S.K., J]
                                                                                     15.04.2021
                  Speaking Order : Yes / No
                  Index          : Yes / No

Note: Issue order copy on 19.04.2021 pvs

To

1. The Motor Accident Claims Tribunal / Special Sub Court No.II, Court of Small Causes, Chennai

2. The Section Officer, V.R.Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis/

C.M.A. No.1940 of 2020

R.SUBBIAH, J.

and S.KANNAMMAL, J.

pvs

C.M.A. No.1940 of 2020 and CMP.No.14347 of 2020

15.04.2021

https://www.mhc.tn.gov.in/judis/