G.Renugadevi vs Baljit Singh
2023 Latest Caselaw 3618 Mad

                                                                           C.M.A.(MD).No.357 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                             DATED: 31.03.2023
                                                    CORAM
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                        C.M.S.A.(MD).No.357 of 2022


                G.Renugadevi                                                         ... Appellant


                                                     Vs.
                1.Baljit Singh

                2.The General Manager,
                  Bajaj Allianz General Insurance Company Limited,
                  Bajaj Finserv Building 1st Floor,
                  Behind Weik Field IT Park,
                  Viman Nagar,
                  Pune 411 014.
                                                                                ... Respondents


                PRAYER: Civil Miscellaneous Second Appeal is filed under Section 173 of
                the Motor Vehicles Act, 1988, against the judgment and decree passed in
                M.C.O.P.No.73 of 2018 on the file of the Motor Accident Claims Tribunal
                Judge cum Chief Judicial Magistrate Court, Theni, dated 31.01.2022.


                                    For Appellant          : Mr.K.Sureshkumar
                                    For R2                 : Mr.N.Shyllappa Kalyan




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                                                                                C.M.A.(MD).No.357 of 2022




                                                  JUDGMENT

This appeal has been filed challenging the judgment and decree passed in

M.C.O.P.No.73 of 2018 on the file of the Motor Accident Claims Tribunal

Judge cum Chief Judicial Magistrate Court, Theni, dated 31.01.2022.

2. The Tribunal has awarded a sum of Rs.4,16,764/- for the injuries

sustained by the appellant in a motor accident, while she was travelling as a

pillion rider in a two wheeler. Not satisfied with the amount awarded by the

Tribunal, this appeal has been filed for enhancement.

3. During the pendency of the appeal, both the parties agreed to enter into

a compromise and filed a joint compromise memo. The Insurance Company has

agreed to pay a further sum of Rs.4,00,000/- as full quit, apart from the amount

already deposited by them. It is stated that a sum of Rs.5,25,807/- already

deposited, excluding the TDS amount of Rs.23,516/-.

4. In such a view of the matter, this Civil Miscellaneous Appeal is

disposed of and the second respondent is directed to pay a sum of Rs.4,00,000/-

(Rupees Four Lakhs only) within a period of six weeks from the date of receipt

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C.M.A.(MD).No.357 of 2022

of a copy of this order. The appellant is directed to seek for withdrawal of

amount from the Tribunal by filing necessary application. The Memo of

Compromise dated 31.03.2023 shall form part of the decree and the remaining

Court fee shall be refunded as per law. No costs.

31.03.2023 akv

To

The Motor Accident Claims Tribunal Judge cum Chief Judicial Magistrate Court, Theni.

https://www.mhc.tn.gov.in/judis

C.M.A.(MD).No.357 of 2022

N.SATHISH KUMAR,J.

akv

C.M.A.(MD).No.357 of 2022

31.03.2023

https://www.mhc.tn.gov.in/judis