Madras High Court
Chola Ms General Insurance vs N.Dhandapani on 8 February, 2021
C.M.A.No.26 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.26 of 2021
and
C.M.P.No.233 of 2021
Chola MS General Insurance
Company Ltd.,
Registered Office,
Dare House, 2nd Floor,
No.2, NSC Bose Road,
Chennai – 600001. ... Appellant
vs
1.N.Dhandapani
S/o.Nataraja Sabapathy
2.Vijayakumar
S/o.Venkatgesappa ... Respondents
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 15.02.2017 passed in
M.C.O.P.No.2921 of 2013 on the file of Motor Accident Claims Tribunal,
Special Sub Court, Krishnagiri.
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C.M.A.No.26 of 2021
For Appellant : Mr.K.Vinod
For Respondents : Mr.G.Govindarajulu [R1]
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
(Heard through Video Conferencing)
Questioning the quantum of compensation awarded by the Tribunal in
and by its judgment and decree dated 15.02.2017 passed in M.C.O.P.No.2921
of 2013 on the file of Motor Accident Claims Tribunal, Special Sub Court,
Krishnagiri, appellant Insurance Company has filed the present appeal.
2. The brief facts of the case are as follows:
On 08.10.2011 at about 02.00 p.m., while first respondent was
proceeding near Uliyalam bus stop in his TVS XL Super Moped bearing
Registration No.TN-29-Q-3521 with a pillion, a TATA ACE goods vehicle
bearing Registration No.KA-51-7080 belonging to second respondent and
insured with the appellant insurance company came in a rash and negligent
manner and dashed the two-wheeler from behind, owing to which first
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C.M.A.No.26 of 2021
respondent and the pillion had sustained grievous injuries. Immediately, first
respondent was taken to hospital and given treatment. At the time of accident,
first respondent was aged 57 and was earning a sum of Rs.30,000/- p.m. by
running a departmental store. However, owing to the injuries suffered in the
accident, first respondent is not able to do the work as he was doing before.
First respondent filed a claim petition seeking compensation in a sum of
Rs.50,00,000/- for the injuries sustained by him in the accident.
3. Resisting the claim made by first respondent, appellant insurance
company has filed a detailed counter inter alia contending that the accident had
not occurred in the manner as projected by first respondent. They have also
denied the age, occupation and income of first respondent.
4. To prove his claim, first respondent examined himself as PW-1 and
marked nine exhibits. On the side of appellant insurance company, none were
examined and no exhibits were marked.
5. On appreciation of materials, the Tribunal found that the accident had
occurred owing to the rash and negligent driving of TATA ACE goods vehicle
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C.M.A.No.26 of 2021
belonging to second respondent and held that the appellant insurance company,
being insurer of the said vehicle, is liable to pay compensation. Accordingly,
the Tribunal had awarded a sum of Rs.20,77,900/- with interest at 9% p.a. from
the date of petition till the date of realisation. Aggrieved over the same,
appellant insurance company has filed the present appeal.
6. Today, when the matter is taken up for hearing, learned counsel on
either side submits that the matter has been settled between the parties and first
respondent/claimant has agreed to receive a sum of Rs.28,00,000/- in full quit.
A Joint Memo dated 03.02.2021 to that effect has also been filed.
7. The Joint Memo dated 03.02.2021 reads as follows:
'JOINT MEMO FOR RECORDING SETTLEMENT
1. The appeal has been filed by the appellant/2nd respondent
insurance company. The above MCOP has been filed
claiming compensation for injuries sustained by Petitioner
in accident on 08.10.2011 involving vehicle No KA 51 7080
insured with this appellant.
2. The tribunal awarded dated 15.02.2017 for sum of
Rs.20,77,900/- along with interest & Costs. Now the 1st
Respondent/Petitioner and the appellant have negotiated
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C.M.A.No.26 of 2021
for settlement and arrived at a sum of Rs.28,00,000/-
(Twenty Eight Lakhs only) in full quit.
3. The 1st respondent / Petitioner is willing to accept the sum
of Rs.28,00,000/- as compensation in the full quit and the
appellant is willing to deposit the said amount to the credit
of the above MCOP within 2 weeks from the date of
communication of the award passed on the basis of this
joint memo.
4. It is prayed that this Hon'ble High Court may be pleased to
record this Memo of Compromise and pass award for
Rs.28,00,000/- in favour of the Petitioner, payable by the
appellant to the credit of the above MCOP within a period
of three weeks from date of communication of the copy of
the award and render justice.'
Taking note of the Joint Memo dated 03.02.2021 signed by both parties
as well as their respective counsel, the Civil Miscellaneous Appeal is disposed
of directing appellant insurance company to deposit a sum of Rs.28,00,000/-
[Rupees Twenty Eight Lakhs only], less the amount already deposited, within a
period of three weeks from the date of receipt of this judgment. On such deposit
being made by appellant insurance company, first respondent/claimant is
permitted to withdraw the same by filing necessary application before the
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C.M.A.No.26 of 2021
Tribunal. No costs. Connected miscellaneous petition is closed. The Joint
Memo dated 03.02.2021 shall form part of the records.
[R.P.S., J] [S.S.K., J]
08.02.2021
Index: yes/no
Internet:yes/no
gm
To
The Motor Accident Claims Tribunal,
Special Sub Court,
Krishnagiri.
R.SUBBIAH, J
https://www.mhc.tn.gov.in/judis/
C.M.A.No.26 of 2021
and
SATHI KUMAR SUKUMARA KURUP, J
gm
C.M.A.No.26 of 2021
08.02.2021
https://www.mhc.tn.gov.in/judis/
