Madras High Court
National Insurance Company ... vs Poornachandra Rao on 12 October, 2022
C.M.A.No.3495 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No.3495 of 2014
and M.P.No.1 of 2014 & C.M.P.No.3710 of 2022
National Insurance Company Limited,
Divisional Office,
LRN Complex, Omalur Main Road,
Salem-7. ... Appellant /
2nd respondent
Vs.
1. Poornachandra Rao
2. Padmaja ... Respondents /
Petitioners 1 & 2
3.Sithan ... Respondent /
1st Respondent
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree, dated 04.09.2013, in
M.C.O.P.No.1256 of 2006 on the file of the Motor Accident Claims Tribunal, I
Additional District Judge, Salem.
For Appellant : M/s.N.B.Surekha
For Respondents – 1 & 2 : Mr.C.Prabhakaran
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C.M.A.No.3495 of 2014
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.,]
The second respondent / National Insurance Company Limited is
the appellant in the above appeal against whom directions were issued in the
award of M.C.O.P.No.1256 of 2006 dated 04.09.2013.
2. It is stated that during the pendency of the appeal, the appellant as
well as the claimants / respondents 1 and 2 have agreed to settle the claim for a
sum of Rs.24,50,000/- along with 7.5% interest from the date of petition.
3. The parties who are signatories of the Joint Compromise Memo
are present before this Court. The Joint Compromise Memo signed by the
appellant and the respondents 1 and 2 in the presence of their respective counsels
is filed before this Court.
4. As per the Memo of Compromise dated 12.10.2022, the terms of
the Joint Compromise Memo are as follows:-
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C.M.A.No.3495 of 2014
“(i) The appellant had filed the appeal challenging
liability as well as negligence as awarded by the Tribunal
dated 04.09.2013. The Tribunal had awarded a sum of
Rs.31,55,612/- along with 7.5% interest and cost in favour
of the claimants.
(ii) During the pendency of the appeal, both the
appellant and the respondents 1 and 2 who were the
claimants agreed to settle the claim for a sum of
Rs.24,50,000/- along with 7.5% interest from the date of
petition to till the date of deposit and cost as full and final
settlement.
(iii) The appellant reserves its right to claim
recovery right from the insured, since the rider of the
motor cycle insured with the appellant did not hold driving
licence at the time of accident.”
5. Based on the understanding arrived at between the parties which has
been reduced in writing in the Joint Compromise Memo, this Court is inclined to
dispose of the appeal in terms of the Joint Compromise Memo signed by the
parties and the same shall form part of record.
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C.M.A.No.3495 of 2014
6. Accordingly, this appeal stands disposed of in terms of the Joint
Compromise Memo. No costs. Consequently connected miscellaneous petitions
are closed.
[SSSRJ] [NMJ]
12.10.2022
cda
Index : Yes/No
Speaking/Non Speaking order
https://www.mhc.tn.gov.in/judis
C.M.A.No.3495 of 2014
To
The I Additional District Judge,
(Motor Accident Claims Tribunal),
Salem.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3495 of 2014
S.S.SUNDAR, J.,
AND
N.MALA, J.,
cda
C.M.A.No.3495 of 2014
12.10.2022
https://www.mhc.tn.gov.in/judis
