Madras High Court
Shri Ram General Insurance Co Ltd vs R. Baby Shalini on 11 January, 2022
C.M.A.No.3570 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3570 of 2021
Shri Ram General Insurance Co Ltd
No.66 Thirumalaipillai Road
T. Nagar
Chennai 600 017. ...Appellant
Vs
1. R. Baby Shalini
2. R. Kamalesh (Minor)
3. R. Dharshini (Minor)
4. Vasanta
(R.R.2 and 3 are represented by their mother
and next friend R.Baby Shalini, first petitioner) ...Respondents
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 05.01.2019 made
in M.C.O.P.No.4300 of 2014 on the file of the Motor Accidents Claims
Tribunal, Chief Judge, Court of Small Causes, Chennai.
For appellant ... Mr.K.Poomalai
For respondents ... Mr.Terry Chellaya
1/4
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C.M.A.No.3570 of 2021
JUDGMENT
(Judgment of the Court was made by K.KALYANASUNDARAM, J.,)
This Civil Miscellaneous Appeal arises out of the judgment and
decree dated 05.01.2019 made in M.C.O.P.No.4300 of 2014 on the file of
the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes,
Chennai.
2.It is stated by the learned counsel for the appellant that out of the
claim of Rs.1 Crore, the Tribunal has awarded a sum of Rs.21,00,000/-
together with interest at the rate of 7.5% p.a.,.
3.The learned counsel for the appellant would submit that the parties
have settled the dispute, out of Court and the claimants have agreed for a
sum of Rs.24 lakhs as full quit. A compromise memo signed by the
appellant and the claimants with their respective counsels has been filed.
4.In the light of the above submission, this Civil Miscellaneous
Appeal is disposed of in terms of the compromise memo dated 10.01.2022
and the same is recorded hereunder:-
“1)It is submit that all the parties are hereby
willing to settle the case amicably for a sum of
Rs.24,00,000/-in full quit. And the
respondents/claimants 1-4 are accepting the settlement
amount as well as ratio of the share of the
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C.M.A.No.3570 of 2021
respondents/petitioners apportioned by the Tribunal.
2)It is submit that the appellant Insurance
Company Ltd has already been deposited the award
amount with interest in the tribunal on 11.09.2020 itself
and prayed this Hon'ble Court may permitted the
withdraw excess award amount.”
5.Out of the total compensation, the claimants 1 to 3/wife and minor
children are entitled for Rs.7 lakhs each and the balance amount of Rs.3
lakhs shall be paid to the 4th claimant-Vasantha, mother of the deceased.
Share of the minor children shall be deposited by the Tribunal in any Fixed
Deposit Scheme in any one of the Nationalized Banks and it shall be
renewed periodically, till they attain majority and the interest accrued
thereon shall be withdrawn by the 1st claimant/mother once in three months
directly from the bank. If any excess amount is available in the credit of the
claim petition, it shall be returned to the appellant/Insurance Company.
(M.K.K.S.J.,) (V.S.G.J.,)
11.01.2022
Jer
K.KALYANASUNDARAM, J.
and
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C.M.A.No.3570 of 2021
V.SIVAGNANAM, J.
Jer
Index:Yes/No
Internet:Yes/No
Speaking order/Non-speaking order
To
1.The Chief Judge,
Motor Accidents Claims Tribunal,
Court of Small Causes, Chennai.
2.The Section Officer
V.R.Section
High Court of Madras.
C.M.A.No.3570 of 2021
11.01.2022
https://www.mhc.tn.gov.in/judis
