Madras High Court
M/S.Cholamandalam Ms General ... vs Selvi on 29 October, 2021
C.M.A.SR85122 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.SR85122 of 2020
M/s.Cholamandalam MS General Insurance Company Limited,
Rep. by its Manager,
No.157, Bazaar Street,
Perambalur. ... Appellant
Vs
1.Selvi
2.Saranya (Minor)
(2nd respondent minor rep. by
Mother and NF 1st Respondent)
3.Anthoniammal
4.S.Kathirvel ... Respondents
PRAYER: C.M.A.SR85122 of 2020 filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree in MCOP.No.819 of
2018 dated 08.07.2020 on the file of the Motor Accident Claims Tribunal,
Sessions Court, Perambalur.
For Appellant : Mr.E.Rajadurai for
M/s.M.B.Gopalan Associates
For Respondent 1 & 3 : Mr.N.Jagadeesan
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.SR85122 of 2020
JUDGMENT
C.M.A.SR85122 of 2020 has been filed by the Insurance company
challenging the award dated 08.07.2020 passed by the Motor Accident
Claims Tribunal, Sessions Court, Perambalur in MCOP.No.819 of 2020.
2. A Joint Memo For Recording Settlement dated 14.09.2021 has
been filed before this Court today. The Appellant as well as the first & third
respondents have signed the joint memo for recording settlement and their
respective counsels have also signed the same. The said compromise memo
dated 14.09.2021 is extracted hereunder:
“JOINT MEMO FOR RECORDING SETTLEMENT
1.The above appeal has been filed by the
appellant/2nd respondent insurance company. The above
MCOP has been filed claiming compensation for death of
Mr.John Peter in accident on 29.07.2018 involving vehicle
bearing No.TN-77-H-3657 insured with this appellant.
2. The tribunal passed award dated 08.07.2020 for
sum of Rs.25,90,000/- along with interest & Costs. Now
the 1 to 3 Respondents/Petitioners and the appellant have
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C.M.A.SR85122 of 2020
negotiated for settlement and arrived at a sum of
Rs.26,20,500/- (Twenty six lakh twenty thousand and five
hundred only) in full quit.
3. The respondents 1 to 3/petitioners are willing to
accept the sum of Rs.26,20,500/- 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.
4. It is prayed that this Hon'ble High Court may be
pleased to record this Memo of Compromise and pass
award for Rs.26,20,500/- 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 the 1st and 3rd petitioners are
permitted to withdraw their share amount and render
justice.”
3. The Joint Memo for Recording Settlement dated 14.09.2021 is
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C.M.A.SR85122 of 2020
hereby recorded and shall form part of this Judgment and decree. In terms of
the said Joint Memo for Recording Settlement dated 14.09.2021, this
C.M.A.SR85122 of 2020 is disposed of. No costs.
29.10.2021
nl
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
https://www.mhc.tn.gov.in/judis/
C.M.A.SR85122 of 2020
To
1. The Sessions Court, Perambalur
2.The Section Officer, V.R.Section, High Court of Madras.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.SR85122 of 2020
nl
C.M.A.SR85122 of 2020
29.10.2021
https://www.mhc.tn.gov.in/judis/
