Madras High Court
Future General Total Insurance ... vs )Tmt.K.Veeralakshimi on 26 August, 2021
CMA(MD)No.753 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CMA(MD)No.753 of 2021
and
CMP(MD)No.6885 of 2021
Future General Total Insurance Solutions
Through its Manager, Regional Office,
Having Office at 3rd Floor, Sri Ram Centre,
P.P. Chavadi,
Theni Main Road-625 016,
Madurai District. ... Appellant
vs.
1)Tmt.K.Veeralakshimi
2)Tmt.Rajathi
3)P.Muthurakku
4)M.Muthupandi
5)Minor Sakthivel
(Minor is represented through its Mother/
Guardian Tmt.Veeralakshmi)
6)M.Haithar Ali ... Respondents
Appeal filed under Section 173(1) of the Motor Vehicles Act,
1988, against the judgment and decree in MCOP.No.209 of 2018 dated
24.10.2019 on the file of Motor Accidents Claims Tribunal, Chief
Judicial Magistrate Court, Sivagangai.
1/5
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.753 of 2021
For Appellant : Mr.D.Sivaraman
For Respondent : Mr.K.P.Ramesh
JUDGMENT
(Judgment of the Court was made by V. BHARATHIDASAN, J.)
Against the award passed by the Motor Accidents Claims Tribunal,
Chief Judicial Magistrate Court, Sivagangai, in MCOP.No.209 of 2018,
dated 24.10.2019, the insurance company has filed this appeal.
2.Pending appeal, the parties have settled the dispute between
themselves, and filed a joint memo. As per the settlement, the parties
have agreed to settle the claim for Rs.1,65,00,000/-, in full quit, out of
which, the 1st respondent/1st claimant is entitled to Rs.66,00,000/-, the
respondents 2 and 3/claimants 2 and 3 are entitled to Rs.14,00,000/-
each, the 4th respondent/4th claimant is entitled to Rs.5,00,000/- and the
5th respondent/minor son of the deceased, is entitled to get Rs.
66,00,000/-.
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.753 of 2021
3.Today, a compromise memo has been filed before this Court and
all the parties were present. All the claimants are present before the
Court, today, we enquired all the claimants, they have stated that they are
all agreed to receive the amount as per the settlement.
4.Considering the fact that the issue has been settled, this Civil
Miscellaneous Appeal is dismissed in terms of the compromise entered
into between the parties. The memo of compromise shall form part of the
decree. The appellant insurance company is directed to deposit the entire
settlement amount of Rs.1,65,00,000/- to the credit of MCOP.No.209 of
2018 on the file of the Motor Accidents Claims Tribunal, Chief Judicial
Magistrate Court, Sivagangai, within a period of eight weeks from the
date of receipt of a copy of this judgment. On such deposit, the
respondents 1 to 4 are permitted to withdraw their respective shares as
per the settlement without filing any formal permission petition before
the Tribunal. Sofaras the share of the minor 5th respondent is concerned,
it shall be deposited in an interest bearing Fixed Deposit in a nationalised
bank, initially for a period of three years, and it shall be renewed
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.753 of 2021
periodically, till the 5th respondent/minor attains majority. The 1st
respondent/mother of the minor is permitted to withdraw the interest,
once in three months directly from the bank. No costs. Consequently,
connected miscellaneous petition is closed.
[V.B.D.,J.] & [J.N.B.,J.]
26.08.2021
Index : Yes / No
Internet : Yes / No
bala
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate / litigant
concerned.
To
The Chief Judicial Magistrate
Motor Accidents Claims Tribunal,
Sivagangai.
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.753 of 2021
V.BHARATHIDASAN, J.
and
J.NISHA BANU, J.
bala
JUDGMENT MADE IN
CMA(MD)No.753 of 2021
DATED : 26.08.2021
https://www.mhc.tn.gov.in/judis/
