Madras High Court
Universal Sampo General ... vs K.Sheeba on 10 November, 2021
C.M.A.(MD) No.279 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.M.A(MD)No.279 of 2021
and
C.M.P(MD)No.2322 of 2021
Universal Sampo General Insurance Co.Ltd.,
Rep.by its Branch Manager,
No.10/20, J.K.Complex,
First Floor, Bye Pass Road,
Ellis Nagar, Madurai Town,
Madurai District. ... Appellant / Respondent -2
Vs.
1.K.Sheeba
2.Minor K.Krish Aron Charles,
3.Minor Nibensha
4.Sagaya Mary ...Respondents / Petitioners 1 - 4
5.Savarimuthu ... 5th Respondent / 5th Petitioner
(Minor Respondents 2 & 3 are rep.by
their mother / guardian 1st respondent
K.Sheeba)
6.A.Ramanathan ... 6th Respondent / 1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the fair and decreetal order dated 09.12.2019 made in
1/6
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C.M.A.(MD) No.279 of 2021
M.C.O.P.No.222 of 2017, on the file of Motor Accident Claims Tribunal (Fast
Track Mahila Court), Sivagangai.
For Appellant : Mr.S.Srinivasa Raghavan
For R1 to R4 : Mr.N.Madhava Govindan
For R6 : Mr.Poorna Chandran
For R5 : No Appearance
JUDGMENT
S.VAIDYANATHAN,J.
and
DR.G.JAYACHANDRAN,J.
The M.C.O.P.No.222 of 2017, on the file of Motor Accident Claims
Tribunal (Fast Track Mahila Court), Sivagangai, was filed by the
dependants of the deceased Karunakaran, who was working as a Teacher,
at the time of death, which occurred due to motor accident, involving a
Honda Car, bearing Registration No.TN-63-AS-7557 and a two wheeler,
Pulsar Motorcycle, bearing Registration No.TN-63-P-7275.
2. A claim petition for a sum of Rs.2,00,00,000/- was filed. The
Tribunal, after examining the witnesses, awarded a sum of Rs.1,00,18,560/-
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C.M.A.(MD) No.279 of 2021
along with interest at the rate of 7.5%, p.a., payable to the claimants, by
the Insurance Company. The Insurance Company, aggrieved by the
quantum of compensation, has preferred this Civil Miscellaneous Appeal.
3. Pending Appeal, compromise has arrived at between the claimants
and the Insurance Company and a Memo of Compromise has been filed. As
per the Memo of Compromise, the Insurance Company has agreed to
deposit a sum of Rs.1,15,00,000/- (Rupees One Crore and Fifteen Lakhs
Only) in full quit, which excludes of interest and costs and the said amount
shall be paid within a period of four weeks from the date of receipt of a
copy of this order.
4. The learned counsel appearing for the claimants, who appeared
through video conference, states that the parties are ready for the said
proposal and a consent letter has also been filed in the Registry.
5. Taking note of the said fact, this Court records the terms of
compromise and the Civil Miscellaneous Appeal is disposed of with the
following directions:-
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C.M.A.(MD) No.279 of 2021
The appellant / respondent is directed to deposit a sum of Rs.
1,15,00,000/- (Rupees One Crore and Fifteen Lakhs only) to the Credit of
M.C.O.P.No.222 of 2017, on the file of the Motor Accident Claims Tribunal
(Fast Track Mahila Court), Sivagangai, within a period of two weeks from
the date of receipt of a copy of this order. On such deposit, the first
respondent / K.Sheeba, wife of the deceased Karunakaran, shall be
entitled to withdraw a sum of Rs.35,00,000/-; the 4 th respondent / Sagaya
Mary, the mother of the deceased Karunakaran, shall be entitled to
withdraw a sum of Rs.10,00,000/-; the 5th respondent / Savarimuthu, father
of the deceased Karunakaran, shall be entitled to withdraw a sum of Rs.
10,00,000/-. The Minor son of the deceased K.Krish Aron Charles and
minor daughter Nibensha / respondents 2 and 3, respectively aged 9/2017,
are entitled for a sum of Rs.30,00,000/- each.
6. The Tribunal is directed to deposit the compensation awarded to
the minor claimants / respondents 2 and 3, in any one of the Nationalized
Bank, proximate to the place of the resident of the 1 st respondent / mother
of the minor claimants, initially for a period of three years, renewable
thereafter, till the minors attain majority. The 1st respondent / mother of
the minor claimants, is permitted to withdraw the accrued interest in
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C.M.A.(MD) No.279 of 2021
respect of the shares of the minors, once in three months, directly from the
bank, to be spent for the welfare of the minors.
7. The Memo of Compromise shall form part of the decree. No costs.
Consequently, the connected miscellaneous petition is closed.
[S.V.N.,J.] [G.J.,J.]
10.11.2021
Index : Yes / No
Internet : Yes / No
MPK
To
1. The Motor Accident Claims Tribunal
(Fast Track Mahila Court),
Sivagangai.
2. The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD) No.279 of 2021
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
MPK
JUDGMENT MADE IN
C.M.A(MD)No.279 of 2021
10.11.2021
https://www.mhc.tn.gov.in/judis
