Madras High Court
M/S.Chola Ms General vs Suganya on 18 November, 2021
C.M.A. No.23 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.23 of 2021 &
C.M.P.No.212 of 2021
(Heard through VC)
M/s.Chola MS General
Insurance Company Limited,
Rep. by its Branch Manager,
K.K.Tower, 2nd Floor,
Vishnavi,
Next to Durga Main Road,
Hosur. ... Appellant
Vs.
1.Suganya
2.Minor.Srinidhi
Daughter of Narayanan,
Rep. by her next friend and
Mother Suganya
3.Jothi
4.Selvaraj
All of them residing at
No.151/U175-B, Jeeva Nagar,
Kelamangalam.
Now residing at
Alapatti Village and Post,
Krishnagiri Taluk and District.
5.J.Barkathi ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
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C.M.A. No.23 of 2021
Vehicle Act, 1988 against the Decree and Judgment dated 19.02.2020, passed
in M.C.O.P.No.1149 of 2018, by the Motor Accidents Claims Tribunal (Special
District Court) at Krishnagiri.
For Appellant : Mr.J.Michael Visuvasam
For Respondents : Mr.M.Sivakumar
For Mr.C.Prabakaran for R1 to R4
JUDGMENT
Judgment of the Court was delivered by K.KALYANASUNDARAM., J.
The respondents 1 to 4 herein, who are the legal heirs of the deceased
Narayanan filed a claim petition in M.C.O.P.No.1149 of 2018 before the Motor
Accidents Claims Tribunal, (Special District Court), Krishnagiri, seeking
compensation of Rs.70,00,000/-.
2. The Tribunal, upon considering all the evidence adduced by the
parties, has awarded a compensation of Rs.46,86,360/- together with interest
at the rate of 7.5% per annum from the date of the petition till the deposit.
Questioning the same, the present Appeal has been filed.
3. When the Appeal taken up for hearing, the learned counsel appearing
for the appellant Mr.J.Michael Visuvasam as well as the learned counsel
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C.M.A. No.23 of 2021
appearing for the claimants Mr.M.Sivakumar would state that the parties have
arrived at a settlement out of Court. A joint memo for recording settlement,
dated 15.11.2021 signed by both the parties and their respective counsels is
filed. The said joint memo for recording settlement is taken on file and the
same is recorded hereunder:-
JOINT MEMO FOR RECORDING SETTLEMENT
"1. The appeal has been filed by the appellant / second
respondent Insurance Company. The above M.C.O.P has been
filed claiming compensation for death of Mr.Narayanan in
accident on 06.08.2018 involving vehicle bearing No.KA-17-B-
6549 insured with this appellant.
2. The Tribunal passed award dated 19.02.2020 for sum of
Rs.46,86,360/- along with interest and costs. Now the 1st to 4th
respondents / petitioners and the appellant have negotiated for
settlement and arrived at a sum of Rs.41,75,000/- (Forty One
Lakhs and Seventy Five Thousand only) in full quit.
3. The respondents 1 to 4 / claimants are willing to accept
the sum of Rs.41,75,000/- as compensation in the full quit. The
appellant already deposited Rs.25,000/- towards statutory
deposit and 50% of award amount with interest and costs
(deposited i.e., Rs.27,14,522/- towards compliance of stay order
in C.M.P.No.212 of 2021) and now the appellant is willing to
deposit the balance said amount of Rs.14,35,478/- to the credit
of the above M.C.O.P. within four weeks from the date of receipt
of the Award passed on the basis of this joint Memo.
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C.M.A. No.23 of 2021
4. It is prayed that this Hon'ble High Court may be pleased
to record this Memo of Compromise and pass an award for
Rs.41,75,000/- in full quit in favour of the respondents 1 to 4 /
claimants 1 to 4 payable by the appellant to the credit of the
above M.C.O.P. within a period of four weeks from the date of
receipt of the copy of the Award. This Hon'ble Court may be
pleased to apportion the award as 1st respondent is entitled to a
sum of Rs.28,00,000/-; the second respondent is entitled to a
sum of Rs.8,00,000/-; third respondent is entitled to a sum of
Rs.4,00,000/- and the fourth respondent is entitled to a sum of
Rs.1,75,000/- and also permit to withdraw the respective share
amount of major claimants. The second respondent / minor
claimant's share shall be deposited in any one of the Nationalized
Bank in an interest bearing account till the claimant attains
majority."
4. In the light of the above, this Civil Miscellaneous Appeal is disposed
of as per the terms of the joint memo. The order of the Tribunal directing the
Insurance Company to satisfy the Award and thereafter recover from the
owner of the offending vehicle is confirmed. The joint memo for recording
settlement shall form part of the decree. There is no order as to costs.
Consequently, connected miscellaneous petition is closed.
[M.K.K.S, J] [V.S.G., J]
18.11.2021
Index : Yes / No
Speaking order: Yes/No
rns
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C.M.A. No.23 of 2021
To
1.The Special District Court,
Motor Accidents Claims Tribunal,
at Krishnagiri.
2.The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.23 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
rns
C.M.A. No.23 of 2021 &
C.M.P.No.212 of 2021
18.11.2021
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