Madras High Court
Royal Sundaram General Insurance ... vs Arumugam on 7 January, 2021
C.M.A.No.2986 of 2018
& C.M.P.No.22630 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 07.01.2021
Coram::
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.M.A.No.2986 of 2018
& C.M.P.No.22630 of 2018
Royal Sundaram General Insurance Co. Ltd.,
Vishranthi Melaram Towers, No.2/319,
Rajiv Gandhi Salai (OMR), Karapakkam,
Chennai – 600 097. ... Appellant
/versus/
1. Arumugam,
S/o.Venkatachalam,
Aged about 29 years, Native of No.15/134,
Kalgudahalli Village, Near Mariamman Koil,
Palacode Town and Taluk, Dharmapuri District,
Now residing at Paiyur Village and Post,
Krishnagiri Taluk and District.
2. Ramkumar, K.N. S/o.Nagaraj,
K.R., residing at No.10/1, 247/2, Anjana 6th Blocck,
25th Cross, Jayanagar, Bangalore – 560 082. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle
Act, 1988, against the decree and judgment dated 29th day of August 2018, made in
M.C.O.P.No.207 of 2017, on the file of Motor Accident Claims Tribunal, (Special
Sub Court), Krishnagiri.
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C.M.A.No.2986 of 2018
& C.M.P.No.22630 of 2018
For Appellant : Mrs.Elveera Ravindran
For R1 : Mr.N.Desinghu
For R2 : Given up
JUD GMENT
(The case has been heard through video conference)
Heard the Learned Counsel for the Appellant/Insurance Company and
the Learned Counsel for the 1st respondent.
2. The Claim Petition in M.C.O.P.No.207 of 2017 was filed by
Arumugam before the Motor Accident Claims Tribunal, (Special Sub Court),
Krishnagiri, seeking compensation for a sum of Rs.40,00,000/-, for the injury he
sustained in the road accident occurred on 28.04.2017 at about 17.45 hours near
Kattampatti junction on Dharmapuri to Palacode Road.
3. The Claim Petition was laid against the owner of the LMV car
bearing registration No.KA-05-MM-0998 and Insurance Company under which the
said LMV car had insurance coverage. The claim petition was contested by the
Insurance Company.
4. The Tribunal held that the accident occurred due to negligence of the
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C.M.A.No.2986 of 2018
& C.M.P.No.22630 of 2018
LMV car driver and awarded a sum of Rs.13,17,000/- as compensation with 9%
interest, from the date of petition till the date of realisation.
5. Aggrieved by the said award, the Insurance Company has preferred
the appeal. Pending appeal, in compliance with the conditional order passed by this
Court, the Appellant/Insurance Company has deposited a sum of Rs.14,83,865/-.
6. In the above said circumstances, the claimant and the Insurance
Company have arrived at a settlement and filed a joint memo dated 14.09.2020. As
per the joint memo, the claimant has settled for a sum of Rs.11,26,986/- in full quit.
7. In view of the said joint memo, the settlement between the claimant
and the Insurance Company has been arrived and the following order is passed. The
claimant/1st respondent is entitled for a sum of Rs.11,26,986/- in full quit, from the
amount lying in M.C.O.P.No.207 of 2017 account. The 1st respondent/Arumugam is
entitled to withdraw a sum of Rs.11,26,986/-. The balance amount is permitted to be
withdrawn by the Appellant/Royal Sundaram General Insurance Company Limited.
The Tribunal is permitted to disburse the above said amount to the claimant, on filing
proper application.
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C.M.A.No.2986 of 2018
& C.M.P.No.22630 of 2018
8. Recording the said compromise memo, the Civil Miscellaneous
Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is
closed.
07.01.2021
bsm
Index :Yes/No
Speaking order/Non-speaking order.
To:-
1.The Motor Accident Claims Tribunal, (Special Sub Court), Krishnagiri.
2.The Section Officer, V.R.Section, High Court, Madras.
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C.M.A.No.2986 of 2018
& C.M.P.No.22630 of 2018
Dr.G.Jayachandran,J.
bsm
C.M.A.No.2986 of 2018
07.01.2021
https://www.mhc.tn.gov.in/judis/
