Madras High Court
M/S.Reliance General Insurance ... vs B.Kumudhavalli on 3 December, 2021
CMA No.702/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 03.12.2021
CORAM
THE HONOURABLE Mrs. JUSTICE S.KANNAMMAL
Civil Miscellaneous Appeal No. 702 of 2018
M/s.Reliance General Insurance Co. Ltd.,
Roys Towers, Plot No.2054
2nd Avenue, 2nd Floor
Anna Nagar, Chennai 40 .. 4th respondent/
Appellant
Vs
1.B.Kumudhavalli
2.B.Babu
3.B.Bharath
4.K.Pasupathy .. 1st respondent
5.The New India Assurance Co. Ltd.,
T.P.Cell, 5th Floor No.45
Moore Street
Chennai 1 .. 2nd respondent
6.S.Thangamani .. 3rd Respondent
Prayer: Civil Miscellaneous Appeal is filed against the judgment and
decree dated 10.04.2017 made in MCOP.No.6081/2012 on the file of
the learned Motor Accidents Claims Tribunal, Chief Court of Small
Causes, Chennai.
1/5
https://www.mhc.tn.gov.in/judis
CMA No.702/2018
For Appellant .. Mr.S.Arunkumar
For Respondents .. Mr.J.Chandran for R5
Mr.Varadhakamaraj for R1 to R3
JUDGMENT
This Civil Miscellaneous Appeal is directed against the judgment
and decree dated 10.04.2017 made in MCOP.No.6081/2012 on the file
of the learned Motor Accidents Claims Tribunal, Chief Court of Small
Causes, Chennai.
2. The Insurance Company is the appellant herein.
3. When the Civil Miscellaneous Appeal is taken up for hearing,
the learned counsel for the appellant and the learned counsel for the
respondents 1 to 3 brought to the notice of this Court that the respondents
1 to 3 and the appellant has arrived at a compromise and a memo of
compromise has also been filed to that effect. The joint memo of
compromise reads thus:
“MEMO OF COMPROMISE
The Parties herein mutually agree to
https://www.mhc.tn.gov.in/judis
CMA No.702/2018
compromise the above C.M.A. the terms of the
compromise in writing as follows:
1.The above MCOP filed by claimants for
death of 1st claimant husband and father of 2nd and
3rd claimants in an motor accident and claiming
compensation for a sum of Rs.20,00,000/-.
2.The learned Tribunal after detailed trial
passed an award for a sum of Rs.13,27,000/- with
interest payable by appellant herein. As against
the above award the appellant herein preferred
above appeal.
3.In the above CMA, the appellant and
respondents 1 to 3 (claimants) agreed to settle the
award amount for a sum of Rs.13,00,000/- as full
quit. Accordingly, the appellant ready to pay a sum
of Rs.13,00,000/- (without interest and cost) to the
respondents 1 to 3 (claimants 1 to 3).
4.The above memo of compromise may be
recorded and a consent award may be passed in
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CMA No.702/2018
favour of the respondents 1 to 3 payable by the
appellant.
Dated at Chennai on this 01st day of
December 2021.
sd/- sd/-
Counsel for Appellant Appellant
sd/- sd-
Counsel for respondents
1 to 3 Respondents”
The joint memo of compromise forms part of the record.
12. In fine, the Civil Miscellaneous Appeal is partly allowed by
recording the joint memo of compromise. No costs.
03.12.2021
RR
To
1.The Motor Accidents Claims Tribunal,
Chief Court of Small Causes,
Chennai.
2. V.R. Section, High Court, Madras.
S.KANNAMMAL, J.
https://www.mhc.tn.gov.in/judis
CMA No.702/2018
RR
C.M.A.No.702 / 2018
03.12.2021
https://www.mhc.tn.gov.in/judis
