Madras High Court
The Oriental Insurance Company ... vs S.Saravanan on 27 January, 2021
1 CMA No.191 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.M.A.No.191 of 2017
The Oriental Insurance Company Limited,
Subha Govindam Building, Imperial Road,
Cuddalore 607 003. ...Appellant
Vs
1.S.Saravanan
2.N.Murugan ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 16.10.2015 made
in M.C.O.P.No.1783 of 2013 on the file of the Motor Accidents Claims
Tribunal, (Special Sub Court), Cuddalore.
For Appellant : Mrs.Elveera Ravindran
For Respondents : Mrs.Ramya V.Rao
https://www.mhc.tn.gov.in/judis/
2 CMA No.191 of 2017
JUDGMENT
Learned counsel appearing for the appellant/Insurance Company and
the respondent/claimant informed the Court that the parties have resolved
the dispute and amicable settlement arrived. A joint memo for recording the
settlement is filed.
2. As per the joint memo filed by the parties duly signed, compromise
has been arrived between them. The Insurance Company has agreed to pay
Rs.3,60,000/- to the claimant with 7.5% interest from the date of petition till
the date of deposit.
3.Since the Insurance Company has deposited a sum of Rs.5,26,467/-
by cheque dated 21.12.2016 before the Special Court for MCOP cases at
Cuddalore and the same has been received by the Court on 22.12.2016,
learned counsel appearing for the Insurance Company seeks leave of this
Court to permit the Insurance Company to withdraw the balance amount
after paying the claimant a sum of Rs.3,60,000/- with accrued interest at the
rate of 7.5% from the date of petition till 22.12.2016. The joint memo filed
by the parties reads as follows:
https://www.mhc.tn.gov.in/judis/
“1. The appeal has been filed by the appellant/insurance
company. The above MCOP has been filed by the 1st
respondent/claimant claiming compensation for the injuries
sustained by him in an accident occurred on 02.05.2013
involving the vehicle bearing Registration No.TN31 AD 6860
insured with this appellant.
2.The tribunal passed an award dated 16/10/2015 for a
sum of Rs.4,42,790/- along with interest and costs. Aggrieved
by this order the appellant preferred the above appeal and the
appellant deposited the entire award amount.
3.Now the 1st respondent/claimant and the appellant
insurance company have negotiated for settlement and arrived
at a sum of Rs.3,60,000/- (Rupees Three lakhs Sixty Thousand
only) with 7.5% interest till the date of deposit.
4. It is therefore prayed that this Hon'ble Court may be
pleased to record this Memo of Compromise and pass an
award for a sum of Rs.3,60,000/- (Rupees Three lakhs Sixty
Thousand only) with 7.5% interest till the date of deposit in
favour of the 1st respondent payable by the appellant to the
credit of the above MCOP. The Hon'ble Court may be
permitted the 1st respondent/claimant to withdraw the award
amount of (Rupees Three lakhs Sixty Thousand only) with
https://www.mhc.tn.gov.in/judis/
Dr.G.JAYACHANDRAN,J.
VRI
7.5% interest till the date of deposit from the amount already
deposited by the appellant and also direct the tribunal to
return the balance excess amount to the appellant with
accrued interest thereon.”
4. Recording the joint memo, the Civil Miscellaneous Appeal is
disposed of as settled out of Court. No costs.
27.01.2021
vri
To
Motor Accidents Claims Tribunal
Special Sub Court, Cuddalore.
CMA NO.191 OF 2017
https://www.mhc.tn.gov.in/judis/
