Madras High Court
The Oriental Insurance Company Limited vs S.Murugan on 1 October, 2024
C.M.A.(MD) No.1507 of 2010
and Cross.Obj.(MD) No.62 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.1507 of 2010
and M.P.(MD) No.3 of 2010
and
Cros.Obj.(MD) No.62 of 2010
C.M.A.(MD) No.1507 of 2010
The Oriental Insurance Company Limited,
Through its Divisional Manager,
Divisional Office No.6-4,
North Cotton Road, Thoothukudi. ... Appellant
Vs.
1.S.Murugan
S/o.Sanniya Pillai
2.Valliammal
W/o.S.Murugan
3.R.Antonyraj
S/o.Ramachandran
4.S.Saratha
W/o.R.Sengottuvel
5.National Insurance Company Ltd.,
Through its Manager,
No.7-A, Parthasarathy Road,
Namakkal - 637 001. ... Respondents
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Page No. 1 of 6
C.M.A.(MD) No.1507 of 2010
and Cross.Obj.(MD) No.62 of 2010
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 to set aside or modify the order of the Tribunal in
M.C.O.P.No.33 of 2008 dated 31.08.2009 on the file of the Motor
Accident Claims Tribunal, Principal District Judge, Thoothukudi.
For Appellant : No appearance
For R2 : Mr.T.Selvakumaran
For R3 to R5 : No appearance
Cros.Obj.(MD) No.62 of 2010
1.S.Murugan
S/o.Sanniya Pillai
2.Valliammal
W/o.S.Murugan ... Cross-Objectors
Vs.
1.The Oriental Insurance Company Limited,
Through its Divisional Manager,
Divisional Office No.6-4,
North Cotton Road, Thoothukudi.
2.R.Antonyraj
S/o.Ramachandran
3.S.Saratha
W/o.R.Sengottuvel
4.National Insurance Company Ltd.,
Through its Manager,
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Page No. 2 of 6
C.M.A.(MD) No.1507 of 2010
and Cross.Obj.(MD) No.62 of 2010
No.7-A, Parthasarathy Road,
Namakkal - 637 001. ... Respondents
Prayer:- Cross-Objection filed under Order XLI Rule 22 of the Civil
Procedure Code to enhance the compensation awarded by the Motor
Accident Claims Tribunal (Principal District Judge) Thoothukudi vide its
Judgment and Decree dated 31.08.2009 in M.C.O.P.No.33 of 2008.
For Cross-Objectors : Mr.T.Selvakumaran
For Respondents : No appearance
*****
COMMON JUDGMENT
The instant appeal and the cross-objection were referred to the Lok
Adalat, and the matter was settled before the Lok Adalat, wherein the
following order was passed:
The appellant Insurance Company is
represented by the Regional Manager along with the
learned counsel Mr.C.Jawahar Ravindran. The 1st
claimant Mr.Murugan is stated to be dead. The 2nd
claimant is present before the Lok Adalat. The
claimants would submit that they would take steps to
bring the legal representatives on record of the 1st
claimant Murugan. The parties have agreed for Rs.
5,00,000/- with interest at the rate of 7.5% interest.
The matter is referred back to the Court for passing
order after the legal heirs brought on record, taking
into account the settlement arrived at before the Lok
Adalat.
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and Cross.Obj.(MD) No.62 of 2010
2. Though the matter was settled as early as on 12.12.2015, the
parties have not taken any steps to bring the legal representatives of the
deceased first claimant on record. The second claimant, who is the wife of
the deceased first claimant, has also not received any amount as per the
settlement. Hence, this Court is of the view that both the appeal and the
cross-objection can be disposed of with certain directions.
3. Accordingly, this Civil Miscellaneous Appeal and the Cross-
Objection are disposed of with the following directions:
i. The Insurance Company, the appellant in C.M.A.(MD) No.
1507 of 2010, shall deposit Rs.5,00,000/- along with
interest at 7.5% per annum from the date of filing of the
claim petition till the date of realization, if it has not been
deposited before the Tribunal as agreed before the Lok
Adalat, within a period of four (4) weeks from the date of
receipt of a copy of this judgment.
ii. The second claimant, Mrs.Valliammal, shall be permitted
to withdraw 50% of Rs.5,00,000/-, i.e., Rs.2,50,000/-,
together with interest thereon, by filing a suitable
application before the Tribunal.
iii. The legal heirs of the first claimant shall be entitled to
withdraw the remaining Rs.2,50,000/- together with
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and Cross.Obj.(MD) No.62 of 2010
interest thereon, by establishing that they are legal
representatives of the deceased first claimant, before the
Tribunal.
iv. No costs. Consequently, the connected Miscellaneous
Petition is closed.
01.10.2024
Index: Yes/ No
Neutral Citation: Yes / No
Speaking Order/Non-Speaking Order
JEN
Copy To:
1.The Principal District Judge,
Motor Accident Claims Tribunal,
Thoothukudi,
Thoothukudi District.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras high Court,
Madurai.
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https://www.mhc.tn.gov.in/judis
and Cross.Obj.(MD) No.62 of 2010
SUNDER MOHAN, J.
JEN
and
01.10.2024
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