Madras High Court
Shri Ram General Insurance ... vs Magdhum Hameed on 25 February, 2021
C.M.P.(MD) No.520 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.02.2021
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
C.M.P.(MD) No.520 of 2021
and
CMA(MD).SR.No.2381 of 2021
Shri Ram General Insurance Company Ltd.,
Through its Branch Manager
Office at 2nd Floor, 25B2/1S
SRC Complex, North Block
S.N.High Road, Tirunelveli ...Petitioner/Appellant
-Vs-
1.Magdhum Hameed
2.Aneeza Mubeena
3.Selvakumar
4.Krishnan
5.National Insurance Company Ltd.,
Through its Divisional Manager
Office at 1st Floor, Anguvilas Building
No.112, North Car Street, Nagercoil ...Respondents/Respondents
Prayer in C.M.P(MD).No.520 of 2021: This Civil Miscellaneous
Petition filed under Section 173(1) of Motor Vehicles Act, to condone the
delay of 951 days in filing the above Civil Miscellaneous Appeal against
the award passed in MCOP.No.81 of 2016 dated 13.02.2018 on the file of
the Motor Accident Claims Tribunal, Principal Sub Court, Tirunelveli.
1/6
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C.M.P.(MD) No.520 of 2021
Prayer in C.M.A.(MD).No.SR2381 of 2021 : This Civil Miscellaneous
Appeal has been filed under Section 173 of the Motor Vehicles Act,
1988, to set aside the judgment and decree passed by the Motor Accident
Claims Tribunal, Principal Sub Court, Tirunelveli in MCOP.No.81 of
2016 dated 13.02.2018.
For Petitioner : Mr.D.Sivaraman
For R1 & R2 : Mr.P.Samuel Gunasingh
ORDER
This petition has been filed to condone the delay of 951 days in
filing the above Civil Miscellaneous Appeal against the award passed in
MCOP.No.81 of 2016 dated 13.02.2018 on the file of the Motor Accident
Claims Tribunal, Principal Sub Court, Tirunelveli.
2.The above Civil Miscellaneous Appeal has been filed to set aside
the judgment and decree passed by the Motor Accident Claims Tribunal,
Principal Sub Court, Tirunelveli in MCOP.No.81 of 2016 dated
13.02.2018.
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C.M.P.(MD) No.520 of 2021
3.Today, when the matter was taken up for hearing, a joint
memo of compromise signed by the petitioner, respondents 1 and 2
and their respective counsels, has been filed, stating that both the
parties have settled the matter between themselves. The said
compromise memo is extracted below:-
''1.It is submitted that in MCOP.No.81 of 2016 filed by
the respondents 1 to 2 herein, the Tribunal awarded a sum
of Rs.7,50,000/- as compensation with interest at the rate of
7.5% per annum against which the above appeal has been
filed by the Appellant Shriram General Insurance Company
Ltd.,
2.It is submitted that the respondents 1 to 2 herein
came forward to settle the claim with the appellant. After
negotiations and deliberations, both the parties have agreed
to settle the claim for a sum of Rs.7,50,000/- in full quit.
3.It is submitted that the appellant herein has already
deposited a sum of Rs.8,81,590/- before MACT, Principal
Sub Court, Tirunelveli into the credit of MCOP.No.81 of
2016. As per the above terms of settlement the claimants are
at liberty to withdraw a sum of Rs.7,50,000/- from the
deposit. The parties agree that the appellant/Shriram
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C.M.P.(MD) No.520 of 2021
General Insurance Company Ltd., is entitled to withdraw
the balance amount lying on the deposit in MCOP.No.81 of
2016 on the file of the MACT, Principal Sub Court,
Tirunelveli.
4. The Respondents 1 to 2 herein are agreeable for the
above said terms and they will have no further claim with
respondent to the same cause of action”
4. In view of the joint compromise memo signed by the petitioner,
respondents 1 and 2 and their respective counsel, the Civil
Miscellaneous Petition is closed. No costs. Consequently,
CMA(MD).SR.No.2381 of 2021 is rejected, at the S.R.stage itself. The
joint compromise memo shall form part of the record.
25.02.2021
Index : Yes / No
Internet : Yes / No
msa
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.
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C.M.P.(MD) No.520 of 2021
To
The Motor Accident Claims Tribunal,
Principal Sub Court, Tirunelveli.
http://www.judis.nic.in
C.M.P.(MD) No.520 of 2021
J.NISHA BANU, J
msa
C.M.P.(MD) No.520 of 2021
and
CMA(MD).SR.No.2381 of 2021
25.02.2021
http://www.judis.nic.in
