Madras High Court
United India Insurance Co. Ltd vs Sheena Amoos ... R1 In ... on 7 January, 2021
1
In the High Court of Judicature at Madras
Dated: 07.01.2021
Coram
The Honourable Mr. Justice D.KRISHNA KUMAR
C.M.A.No.1493 of 2010
& M.P.No.1 of 2010
and
M.P.No.1 of 2014
in
Cross Objection SR No. 81547 of 2014
United India Insurance Co. Ltd.,
No.38, Anna Salai,
Chennai-2. ... Appellant in CMA.1493/2010 &
R1 in M.P.No.1/2014 in Cross
Obj.SR.81547/2014
..Vs..
1.Sheena Amoos ... R1 in CMA.1493/2010 &
Cross Objector in M.P.No.1/2014 in
Cross Obj.SR.81547/2014
2.Kamalam
... Respondents in both Appeal & Cross Objection
3.K.Vanithalakshmi
... Respondents in both Appeal & Cross Objection
https://www.mhc.tn.gov.in/judis/
2
Prayer in CMA.1493 of 2010: This Civil Miscellaneous Appeal is
filed under Section 173 of Motor Vehicles Act, 1988, against the
judgment and decree passed by the learned Additional District and
Sessions Judge (FTC-2), (MACT), Poonamallee in M.C.O.P.No.15 of
2004 dated 03.04.2009.
Prayer in M.P.No.1/2014 in Cross Obj.SR.81547/2014 : This
Petition is filed under Section 5 of the Limitation Act praying to
condone the delay of 1086 days in filing the Cross Objection
SR.No.81547 of 2014.
For Insurance Company : Mr.S.Arun Kumar
For Respondent-1/Claimant : Mr.U.M.Ravichandran
For Respondent-2 & 3 : No Appearance
JUDGMENT
Being aggrieved by the award passed by the Motor Accident
Claims Tribunal / learned Additional District and Sessions Judge
(FTC-2), (MACT), Poonamallee in M.C.O.P.No.15 of 2004 dated
03.04.2009, both the Insurance Company as well as the claimant
has preferred an appeal and Cross Objection (SR Stage)
respectively.
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2. Heard Mr.S.Arun Kumar, learned counsel appearing on
behalf of the Insurance Company and Mr.U.M.Ravichandran, learned
counsel for the claimant.
3. When the matter is taken up for hearing today, both the
learned counsel for the parties made a submission before this Court
that the appeal and the cross objection (SR stage) was referred to
the Lok Adalat for arriving at an amicable settlement. In the Lok
Adalat, having agreed to the compensation amount awarded by the
Tribunal, a settlement was arrived between the parties and hence,
the order was passed by the Lok Adalat on 09.09.2017 with the
direction to the Insurance company to deposit the balance amount
within a period of 6 weeks from the date of receipt of the copy of
the order and also the parties are advised to withdraw their
respective cases. Having agreed to the settlement arrived at and
after passing of the order at the Lok Adalat, due to some difference
of opinion, the respondent/claimant had not signed in the order
passed by the Lok Adalat. Therefore, the matter was placed before
the regular Court for final hearing.
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4. According to the learned counsel for the
appellant/Insurance Company, the terms of settlement arrived at
the Lok Adalat was agreed by the respondent claimant but the
dispute is only with regard to the rate of interest awarded in the Lok
Adalat. He submitted that the claimant requires the interest to be
calculated at the rate of 9% per annum instead of 7.5% p.a. as
awarded by the Lok Adalat. The learned counsel for the Insurance
Company further submitted that the Insurance Company had
agreed to pay the interest at the rate of 9% per annum for the
above said compensation amount of Rs.5,62,640/-.
5. Recording the submissions made by the learned counsel for
the parties, the rate of interest awarded by the Tribunal is modified
from 7.5% p.a. to 9% p.a. The appellant/Insurance company is
directed to pay the interest at the rate of 9% per annum from the
date of filing of the petition till the date of realization towards the
above said compensation amount of Rs.5,62,640/-. It is also
brought to the notice of this Court that 50% of the compensation
amount has been deposited by the Insurance Company and the
same was withdrawn by the claimant. Therefore, the Insurance
Company is hereby directed to deposit the balance amount of the
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award amount along with appropriate interest before the Tribunal
within a period of 12 weeks from the date of receipt of a copy of
this order. On such deposit being made, the claimant is entitled to
withdraw the balance award amount on filing of appropriate petition
before the court concerned.
6. The Civil Miscellaneous Appeal is disposed of to the above
extent. The Cross Objection (SR Stage) filed by the claimant along
with condone delay petition is closed. Consequently, connected
Miscellaneous Petition is closed. There shall be no orders as to
costs.
07.01.2021
Index: Yes/No
Internet: Yes/No
DP
To
1.The Additional District & Sessions (FTC-2),
(The Motor Accident Claims Tribunal),
Poonamallee.
2.The Record Keeper,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
D.KRISHNA KUMAR.J,
DP
C.M.A.No.1493 of 2010
& M.P.No.1 of 2010
and
M.P.No.1 of 2014
in
Cross Objection SR No. 81547 of 2014
07.01.2021
https://www.mhc.tn.gov.in/judis/
