Branch Manager vs K.Narayanappa @ Narayanan
2021 Latest Caselaw 3930 Mad

                                                                           C.M.A.No.924 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 16.02.2021

                                                         CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                               C.M.A.No.924 of 2020
                                             and C.M.P.No.5754 of 2020


                   Branch Manager
                   IFFCO TOKIO General Insurance Company Ltd.
                   GSN Arcade, II floor
                   Upstairs to ICICI Bank Limited
                   Byepass Road, Hosur-635 109.                                   .. Appellant

                                                           Vs.
                   1.K.Narayanappa @ Narayanan

                   2.S.Mohan                                                .. Respondents
                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the

                   Motor Vehicles Act, 1988, against the Judgment and Decree dated

                   13.08.2019 made in M.C.O.P.No.744 of 2015 on the file of the Motor

                   Accident Claims Tribunal, Chief Judicial Magistrate's Court, Krishnagiri

                   District.

                                         For Appellant     : Mr.E.Rajadurai
                                                           for M/s.M.B.Gopalan Associates

                                         For R1        : Mr.K.Prasanna
                                                       for Mr.Mukund R.Pandiyan
                                                   JUDGMENT

https://www.mhc.tn.gov.in/judis/ C.M.A.No.924 of 2020

When the matter is taken up for hearing, both the learned counsel

appearing for the appellant/Insurance Company as well as the learned counsel

appearing for the 1st respondent made submissions that the issues between the

parties had already been settled and filed a memo of compromise signed by

both the representative of the appellant as well as by the 1st respondent and

also by the learned counsel appearing for the appellant as well as by the

learned counsel appearing for the 1st respondent. The said memo is extracted

hereunder:

Joint Memo for recording settlement

“1.The above appeal has been filed by the Appellant challenging award of Rs.2,70,000/- with interest and costs passed by the Tribunal.

2.The claimants and the appellant insurance company have now arrived at a compromise on the following terms.

3.As against the said award of Rs.2,70,000/- with interest and costs which is under appeal, Appellant and 1st Respondent agree that the 1st Respondent shall be entitled to compensation of Rs.1,70,000/- together with proportionate interest and costs.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.924 of 2020

4.Appellant has till date deposited 50% of the award amount viz., Rs.1,35,000/- with interest and costs including statutory deposit of Rs.25,000/-.

5.Appellant shall deposit balance of Rs.35,000/- with interest within a period of four weeks from date of the order in the appeal.

6.Each party shall bear respective costs.

7.Appeal may be disposed on the above terms. The Memo of Compromise shall form part of the decree.”

2.In view of the compromise arrived at between the parties, no further

adjudication needs to be entertained in respect of the grounds raised in this

appeal. On the deposit made by the appellant/Insurance Company, the 1st

respondent is permitted to withdraw the award amount along with interest

and costs, after adjusting the amount if any, already withdrawn. Accordingly,

this Civil Miscellaneous Appeal stands disposed of. The memo of

compromise shall form part of the decree. Consequently, connected

Miscellaneous Petition is closed. No costs.

                                                                                             16.02.2021
                   Index               : Yes / No
                   kj

https://www.mhc.tn.gov.in/judis/ C.M.A.No.924 of 2020

V.M.VELUMANI, J.

kj

To

1.The Chief Judicial Magistrate Motor Accident Claims Tribunal, Small Causes Court, Krishnagiri.

2.The Section Officer, VR Section, High Court, Madras.

C.M.A.No.924 of 2020 and C.M.P.No.5754 of 2020

16.02.2021

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