Madras High Court
Cholamandalam Ms General ... vs Mallika on 22 July, 2021
C.M.A.SR.No.55651 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.SR.No.55651 of 2021
Cholamandalam MS General Insurance Com. Ltd.,
"Dare House", 2nd Floor,
No.2, NSC Bose Road,
Chennai 600 001. .. Appellant
Versus
1. Mallika
2. Saranyan
3. Latha
4. Sangeetha
5. Jayalakshmi .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 10.04.2019 in
MCOP.No.107 of 2015 on the file of the Motor Accident Claims Tribunal
(Subordinate Judge) at Sankari.
For appellant : Mr.R.Sreevidhya
For respondents
for RR1 to 4 : Mr.G.Gopalakrishnan
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C.M.A.SR.No.55651 of 2021
JUDGMENT
The appeal is heard through video conferencing.
2. Challenging the quantum of compensation awarded by the Motor
Accident Claims Tribunal (Subordinate Judge) at Sankari in MCOP.No.107 of
2015, the present appeal has been filed by the Insurance Company.
3. Today, it is represented by the learned counsel for the
appellant/Insurance Company as well as the learned counsel for the
respondents 1 to 4/claimants that the parties have settled the matter amicably
and they have also filed a joint memo for recording settlement dated
07.07.2021, to that effect signed by both the counsels and the parties. The
terms of the joint memo for recording settlement reads as follows:
i) The appeal has been filed by the appellant/2nd
respondent Insurance Company. The above MCOP has been
filed claiming compensation for the injury sustained by the
respondents 1 to 4/petitioners in the accident dated 26.12.2014
involving the vehicle bearing Registration No.TN-54-E5820
insured with the appellant.
ii) The Tribunal passed an award dated 10.04.2019 for a
sum of Rs.10,75,000/- along with interest and Costs. Now the
1st respondent/petitioner and the appellant have negotiated for
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C.M.A.SR.No.55651 of 2021
settlement and arrived at a sum of Rs.8,50,000/- (Rupees eight
lakhs and fifty thousand only) in full quit.
iii) The respondents 1 to 4/petitioners are willing to
accept the sum of Rs.8,50,000/- as compensation in the full quit
and the appellant is willing to deposit the said amount to the
credit of the above MCOP within 2 weeks from the date of
communication of the award passed on the basis of this joint
memo.
iv) It is prayed that this Hon'ble High Court may be
pleased to record this Memo of Compromise and pass award
for Rs.8,50,000/- in favour of the petitioners, payable by the
appellant to the credit of the above MCOP within a period of 2
weeks from date of communication of the copy of the award and
render justice.
4. The respondents 2 to 4/claimants 2 to 4, who appeared through video
conferencing, submitted orally that they are willing to give the entire
compensation amount to their mother/first respondent/first claimant.
5. The joint memo for recording settlement dated 07.07.2021, is
recorded. In view of the above joint memo entered between the parties and the
submissions of the respondents 2 to 4/claimants 2 to 4, the appellant/Insurance
Company is directed to deposit the compensation amount of Rs.8,50,000/-
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C.M.A.SR.No.55651 of 2021
before the Tribunal, within a period of two weeks from the date of receipt of a
copy of this judgment. Thereafter, the first respondent/first claimant is
permitted to withdraw the entire compensation amount of Rs.8,50,000/-.
Accordingly, C.M.A.SR.No.55651 of 2021 is disposed of in terms of joint
memo for recording settlement. The joint memo for recording settlement shall
form part of the decree. No costs.
22.07.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Subordinate Judge, Sankari/
The Motor Accident Claims Tribunal.
2. The Section Officer,
V.R.Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.SR.No.55651 of 2021
S.KANNAMMAL, J.
pvs
C.M.A.SR.No.55651 of 2021
22.07.2021
https://www.mhc.tn.gov.in/judis/
