Madras High Court
The Oriental Insurance Co. Ltd vs P.Saraswathi on 28 June, 2022
C.M.A.No.3302 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.3302 of 2021
and C.M.P.No.18768 of 2021
The Oriental Insurance Co. Ltd.
Having Office at T.P.Hub
No.32/312, Vijayalakshmi Complex
13th street, Phase II
Sathuvachari, Vellore
Vellore District. .. Appellant
Vs.
1.P.Saraswathi
2.P.Prakash
3.P.Prema
4.P.Premkumar
5.P.Manikandan
6.E.Karuppayi
7.T.Jayapal .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated
09.08.2021 made in M.C.O.P.No.130 of 2020 on the file of the Motor
Accident Claims Tribunal (II Additional District Court), Vellore @
Ranipet.
For Appellant : Mr.R.Sivakumar
https://www.mhc.tn.gov.in/judis
1/5
C.M.A.No.3302 of 2021
For R1 to R6 : Mr.M.Lokesh
R7 : Given up
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The present appeal is filed challenging the award dated
09.08.2021 made in M.C.O.P.No.130 of 2020 on the file of the Motor
Accident Claims Tribunal (II Additional District Court), Vellore @
Ranipet.
2.When the appeal is taken up for hearing, both the learned
counsel appearing for the appellant as well as the learned counsel
appearing for the respondents 1 to 6 submitted that appellant and
respondents 1 to 6 entered into compromise, arrived at settlement and
filed joint memo of compromise dated 14.06.2022 duly signed by the
Regional Manager of the appellant/Insurance Company and the
respondents 1 to 6 and their respective counsel and prayed for passing of
decree in terms of Joint Memo of Compromise. This Court by order dated
14.06.2022 directed the respondents 1 to 6 to appear before this Court.
Today, the respondents 1, 3 to 6 appeared before this Court. The learned
counsel appearing for the respondents 1 to 6 identified the respondents 1,
https://www.mhc.tn.gov.in/judis
C.M.A.No.3302 of 2021
3 to 6 and submitted that 2nd respondent viz., P.Prakash, is suffering from
fever and hence, he is not appearing before this Court today. The terms of
the said joint memo of compromise is extracted hereunder:
“4.Now the both parties Claimants/Insurance
Company are agreed to settle the matter amicably under
the following terms:
a) The respondents 1 to 6/claimants are agreed for a
sum of Rs.21,20,000/- (Twenty One lakhs and Twenty
two thousand only) as a full quit.
b) The Appellant/Insurance Company has agreed to
deposit the balance amount within three weeks from the
date of order.
c) On such deposit, the claimants are entitled to
withdraw their respective shares as apportioned below;
The 1st Claimant/P.Saraswathi/wife entitle a sum
of Rs.13,20,000/-.
The Claimants 2 to 5/Children/entitle a sum of
Rs.1,50,000/- each.
The 6th Claimant/E.Karuppayi/Mother entitle a
sum of Rs.2,00,000/-.”
3.The Joint Memo of Compromise dated 14.06.2022 is taken on
file and the same is recorded. Recording the Joint Memo of Compromise
and the submissions of the learned counsel appearing for the appellant as
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C.M.A.No.3302 of 2021
well as the respondents 1 to 6, this Civil Miscellaneous Appeal is
disposed of. The Joint Memo of Compromise shall form part of the
decree. No costs. Consequently, connected Miscellaneous Petition is
closed.
(V.M.V., J) (S.S., J)
28.06.2022
Index : Yes / No
Internet : Yes / No
kj
To
1.II Additional District Judge
Motor Accident Claims Tribunal
Vellore @ Ranipet.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3302 of 2021
V.M.VELUMANI, J.
and
S.SOUNTHAR, J.
kj
C.M.A.No.3302 of 2021
and C.M.P.No.18768 of 2021
28.06.2022
https://www.mhc.tn.gov.in/judis
