M/S.Iffco Tokio General ... vs S.Chandra
2021 Latest Caselaw 4399 Mad

                                                                                      C.M.A.No.3377 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 19.02.2021

                                                            CORAM:

                                   THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                     C.M.A.No.3377 of 2017

                M/s.Iffco Tokio General Insurance Company Limited,
                ITGI – STRATEGIC Business Unit,
                New No.28, 2nd Floor, North Usman Road,
                T.Nagar, Chennai – 600 017.                                         ...Appellant

                                                              Vs
                1.S.Chandra
                2.Sumathy
                3.Umpathy
                4.Pandipriya
                5.P.Venus Kumar                                                     ...Respondents

                Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
                Act against the Judgment and Decree dated 20.03.2017 made in M.C.O.P.No.1028
                of 2010 passed by the Motor Accidents Claims Tribunal, Chief Court of Small
                Causes, Chennai.

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

                                     For Respondents         : Mrs.A.Punitha for Mr.N.Kamaraj
                                                               for R1 to R4
                                                               Steps not taken for R5.



                1/4

https://www.mhc.tn.gov.in/judis/
                                                                                        C.M.A.No.3377 of 2017

                                                     JUDGMENT

The Insurance Company, who is the appellant before this Court and

the claimants who are the respondents 1 to 4 herein have entered into compromise

and they have also filed a joint memo of compromise. The terms of memo of

compromise is as under:-

“3. In the appeal, parties agree that Appellant shall pay and the Respondents 1 to 4/Petitioners agree to accept a sum of Rs.8,00,000/- in full quit of the claim in MCOP No.1028 of 2010 on the file of MACT, Chief Court of Small Causes, Chennai.

4. Appellant has already deposited entire award amount with interest and cost as per Stay order. The Respondents 1 to 4/Petitioners shall be entitled to withdraw Rs.8,00,000/-. Balance amount shall be withdrawn by Appellant Insurance company.

5. Each party shall bear respective costs.”

2. The parties have agreed that the said amount of Rs.8,00,000/- shall

be apportioned by the claimants as below:

(i) First claimant (wife of the deceased) Rs.6,50,000/-

(ii) Claimants 2 to 4 (each) Rs.50,000/-

3. In the light of the above memo of compromise, this Civil

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3377 of 2017

Miscellaneous Appeal is disposed of as settled out of Court. No costs.

                                                                                         19.02.2021

                Index              : Yes/No
                Internet           : Yes/No
                rpl

                To

1. The Motor Accidents Claims Tribunal, Chief Court of Small Causes, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3377 of 2017

DR.G.JAYACHANDRAN,J.

rpl

C.M.A.No.3377 of 2017

19.02.2021

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