The Iffco Tokio General Insurance ... vs Tamizhselvi
2024 Latest Caselaw 637 Mad

Madras High Court

The Iffco Tokio General Insurance ... vs Tamizhselvi on 9 January, 2024

                                                                                   C.M.A. No. 2356 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 09.01.2024

                                                           CORAM:

                                    THE HONOURABLE MR. JUSTICE K. RAJASEKAR

                                                  C.M.A. No. 2356 of 2021 and
                                                    C.M.P.No.13252 of 2021

                     The Iffco Tokio General Insurance Company Limited
                     Divisional Branch,
                     Office at No.360-A, 1st Floor,
                     Amman Complexm Katpadi Main Road,
                     Virudhampet, Vellore – 632 002.          ... Appellant/2nd Respondent
                                                        Vs.

                     1.           Tamizhselvi, W/o. Late.Ravi

                     2.           Kaviyarasu                         ...Respondents 1 & 2/Petitioners

                     3.           Nabisa Banu                        ... 3rd Respondent/1st Respondent


                                  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.8
                     of 2019, dated 10.12.2020, on the file of the Motor Accidents Claims
                     Tribunal, In the court of II Additional District Judge, Vellore @ Ranipet.

                                  For Appellant    :      M/s. M.B.Gopalan Associates
                                  For R1 & R2      :      M/s.N.S.Amarnath
                                  For R3           :      Mr.M.Vignesh

                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A. No. 2356 of 2021


                                                         JUDGMENT

When the matter came up for hearing, the learned counsels for both

the side had filed a Joint Memo of compromise indicating that, out of Court

settlement had been arrived between them. It is stated that the claimant has

agreed to receive Rs.19,88,150/- (Rupees Nineteen lakhs eighty eight

thousand one hundred and fifty only) with proportionate Interest and Cost

awarded by the Tribunal.

2. The learned Counsel for the Insurance Company stated that the

entire award amount of Rs.25,01,187/- (Rupees Twenty five lakhs one

thousand one hundred and eighty seven only) including interest and cost

have been deposited before the tribunal, out of which the Claimant has

agreed to receive Rs.19,88,150/- with proportionate interest, if any awarded

and cost as one quit and the balance shall be refunded to the Insurance

company with proportionate interest, if any. The copy of Joint memo filed

herein is scanned below.

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

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

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

3. Considering the fact that the matter is compromised between the

parties, this appeal stands disposed off. Consequently, connected civil

miscellaneous petition stands closed. There shall be no order as to costs in

the present appeal.

09.01.2024

shl Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No

To

1. Tamizhselvi, W/o. Late.Ravi

2. Kaviyarasu

3. Nabisa Banu

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

K. RAJASEKAR, J.

shl

C.M.A. No. 2356 of 2021 and

09.01.2024

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