Mrs.M.Akila vs Mr.S.Sundar
2024 Latest Caselaw 18883 Mad

Madras High Court

Mrs.M.Akila vs Mr.S.Sundar on 25 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                  C.M.A.No.3040 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated : 25.09.2024

                                                      CORAM

                                   THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                                        AND
                                   THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
                                               C.M.A.No. 3040 of 2023
                                                        and
                                               C.M.P.No.28765 of 2023

                   1.Mrs.M.Akila                     ... Appellant / Petitioner

                                         Vs.
                   1.Mr.S.Sundar

                   2.Bajaj Allianz General Insurance Co. Ltd.,
                     Old No.276 & 277, New No.497 & 498,
                     ''Isana Kattima Building'',
                     5th Floor, Poonamallee High Road,
                     Arumbakkam, Chennai-600 106.         ... Respondents / Respondents


                   Prayer : Civil Miscellaneous Appeal is filed under Section 173 of the Motor
                   Vehicles Act, 1988, against the decree and judgment dated 29.09.2023 in
                   M.C.O.P.No.4324 of 2017, on the file of Motor Accident Claims Tribunal
                   (Special Sub-Court, No.I), Small Causes Court, Chennai.
                             For Appellant        : Mr.T.Umasuthan
                                      st
                                 For 1 Respondent        : Deceased
                                  nd
                             For 2 Respondent     : Mr.N.Somasundar

                                                   JUDGMENT

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

(The Judgment of the Court was delivered by Mrs.R.Kalaimathi, J.,)

The Joint memo of compromise dated 24.09.2024 was filed and the

same is recorded.

2. It has also been stated that out of Rs.68,00,000/-, an amount of

Rs.41,63,392/- has already been paid by the 2nd respondent to the appellant

in compliance to the impugned award dated 29.09.2023 passed in

M.C.O.P.No.4324 of 2017.

3. The learned counsel for both sides would submit that this Civil

Miscellaneous Appeal is settled and the appellant has agreed to receive

Rs.68,00,000/- towards full and final settlement from the

2nd respondent/Insurance Company. To this effect, the joint compromise

memo was filed.

4. Perused.

5. In view of the said submission and based on the joint compromise

memo, this Civil Miscellaneous Appeal stands disposed of. The terms of

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

joint compromise memo shall form part of the judgment. There is no order

as to costs. Consequently, connected miscellaneous petition is closed.

6. Registry is directed to refund Court fee as per rules.

(J.N.B. J.,) (R.K.M.J.,) 25.09.2024

Index: Yes/No Speaking Order/Non Speaking order NCC:Yes / No ssn

J.NISHA BANU, J., and R.KALAIMATHI.J.,

ssn

To

1. The Motor Accidents Claims Tribunal, (Special Sub-Court, No.I), Small Causes Court, Chennai.

2. The Section Officer, V.R Section, High Court, Madras.

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

and

25.09.2024

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