Madras High Court
M/S.Liberty General Insurance ... vs K.Nallasamy on 29 October, 2021
C.M.A.SR82926 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.SR82926 of 2021
M/s.Liberty General Insurance Company Limited,
10th Floor, Tower A
Panninsula Builders Park,
Ganpatrao Kadammarg,
Lower Paral (West),
Mumbai – 400 013. ... Appellant
Vs
1.K.Nallasamy
2.Vanitha ... Respondents
PRAYER: C.M.A.SR82926 of 2021 filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree in MCOP.No.1227 of
2016 dated 03.12.2019 on the file of the Motor Accident Claims Tribunal,
VI Court of Small Causes, Chennai.
For Appellant : Mr.E.Rajadurai for
M/s.M.B.Gopalan Associates
For Respondent 1 : Mr.K.Varadhakamaraj
1/4
https://www.mhc.tn.gov.in/judis/
C.M.A.SR82926 of 2021
JUDGMENT
C.M.A.SR82926 of 2021 has been filed by the Insurance company
challenging the award dated 03.12.2019 passed by the Motor Accident
Claims Tribunal, VI Court of Small Causes, Chennai in MCOP.No.1227 of
2016.
2. A memo of compromise dated 15.09.2021 has been filed before
this Court today. The Appellant as well as the first respondent have signed
the compromise memo and their respective counsels have also signed the
same. The said compromise memo dated 15.09.2021 is extracted hereunder:
“MEMO OF COMPROMISE
1.The above appeal has been filed challenging the
award of Rs..9,96,620/- with interest and costs for injuries
sustained by the 1st respondent/Petitioner.
2. Now it is agreed between the appellant and the 1st
respondent that in lieu of the award passed by the Tribunal,
the 1st respondent shall be entitled to a compensation of
Rs.5,25,000/- in quit.
3. The appellant has already deposited Rs.25,000/-
and the balance amount of Rs.5,00,000/- shall be deposited
https://www.mhc.tn.gov.in/judis/
C.M.A.SR82926 of 2021
within a period of four weeks from the date of receipt of
order copy, failing which they will be liable to pay interest
@ 7.5% interest per annum from the date of the order in
the appeal.
4. The parties shall bear their costs.
5. Since 2nd respondent remained exparte before
Tribunal and the appellant is satisfying the claim on his
behalf, notice may be dispensed with to the 2nd
respondent.”
3. The memo of compromise dated 15.09.2021 is hereby recorded and
shall form part of this Judgment and decree. In terms of the said memo of
compromise dated 15.09.2021, this C.M.A.SR82926 of 2021 is disposed of.
No costs.
29.10.2021
nl
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.SR82926 of 2021
nl
To
1. The VI Court of Small Causes, Chennai
2.The Section Officer, V.R.Section, High Court of Madras.
C.M.A.SR82926 of 2021
29.10.2021
https://www.mhc.tn.gov.in/judis/
