Madras High Court
Cholamandalam Ms General ... vs Ramesh on 6 April, 2022
C.M.A.No.3614 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3614 of 2021
and
C.M.P.No.21219 of 2021
Cholamandalam MS General Insurance Company Limited
No.2, 2nd Floor Dare House
N.S.C.Bose Road, Chennai – 600 001. … Appellant
Vs.
1.Ramesh
S/o Gurunathan
2.Arjunan
S/o Murugesan … Respondents
PRAYER:Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree made in M.C.O.P.No.607 of
2014 dated 09.11.2020 on the file of the Motor Accident Claims Tribunal, Chief
Judicial Magistrate, Dharmapuri.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2021
For Appellant : Mr.M.B.Raghavan for
M/s.M.B.Gopalan Associates
For Respondents : Mr.V.Sakarapani for R1
No appearance for R2
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This Civil Miscellaneous Appeal has been filed challenging the
Judgment and Decree made in M.C.O.P.No.607 of 2014 dated 09.11.2020 on the
file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Dharmapuri.
2.The learned counsel appearing for the appellant – Mr.M.B.Raghavan and
the learned counsel for the 1strespondent/claimant MrV.Sakarapani, would state
that the dispute between the parties has been amicably settled. They have filed
Joint Memo for recording settlement dated 28.03.2022 and the same is
reproduced hereunder:-
“1)The Appeal has been filed by the appellant/2nd
respondent insurance company. The above M.C.O.P has
been filed claiming compensation for injury filed by
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C.M.A.No.3614 of 2021
respondent/petitioner accident date 17.10.2012 involving
vehicle bearing No.TN-30-R-0979 insured with this
appellant.
2)The Tribunal passed award dated 09.11.2020 for a sum
of Rs.30,30,000/- along with interest, cost and advocate
fees of Rs.37,300/-. Now the respondent/petitioner and
the appellant have negotiated for settlement and arrived
at sum of Rs.28,67,000/- (Rupees Twenty Eight Lakhs and
Sixty Seven Thousand Only) in full quit.
3)The respondent/petitioner is willing to accept the sum
of Rs.28,67,000/- (Rupees Twenty Eight Lakhs and Sixty
Seven Thousand Only) has compensation in the full quit.
The appellant have already deposited Rs.25,000/- towards
statutory deposit and now the appellant is willing to
deposit the balance said amount of Rs.28,42,000/- to the
credit of the above M.C.O.P. within two weeks from the
date of communication of the award passed on the basis
of this joint memo.”
3.In the light of the above Joint Memo for recording settlement, this
Civil Miscellaneous Appeal stands disposed of, awarding a sum of Rs.28,67,000/-
(Rupees Twenty Eight Lakhs and Sixty Seven Thousand Only) in full quit. The
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C.M.A.No.3614 of 2021
Joint Memo for recording settlement dated 28.03.2022 shall form part and parcel
of the decree.
4.The appellant/Insurance Company is directed to deposit the amount
of Rs.28,67,000/-, less the amount already deposited if any, within a period of two
weeks from the date of receipt of a copy of this Judgment. On such deposit is
being made, the 1st respondent/claimant is permitted to withdraw the amount, less
the amount already withdrawn if any. No costs. Consequently connected
miscellaneous petition, is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
06.04.2022
Intex : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
Jer
https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2021
To
To
1.The Motor Accident Claims Tribunal,
Chief Judicial Magistrate, Dharmapuri.
2.The Section Officer, V.R.Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3614 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.3614 of 2021
and
C.M.P.No.21219 of 2021
06.04.2022
https://www.mhc.tn.gov.in/judis
