2020 Supreme(Mad) 1149

IN THE HIGH COURT OF MADRAS
N. ANAND VENKATESH, J.
Cholamandalam Ms. General Insurance Co. Ltd. – Appellant
Versus
Ayyannar S. and Others – Respondents
Tr. C.M.P. Nos. 264 to 281 of 2020
Decided On : 11-05-2020

Headnote:

Motor Vehicles Act, 1988 - Section 168 - Criminal Procedure Code, 1973 - Section 477 - Civil Procedure Code, 1908 - Section 122 – Constitution of India, 1950 - Article 227 - Motor Accident Claim – Claim of compensation - Petitioner has relied upon Orders of this Court made in Tr. CMP - As per said Judgment by a detailed Order with reasons this Court had accepted a similar Memo filed by this Insurance Company General Insurance Co. Ltd and permitted withdrawal of such Motor Accident Claim Petitions and recorded compromise of those claim as agreed to by Parties - This court approved consent of Insurer vide Memo and consent of claimants vide Messages through counsel for claimants in all MCOPs - This Court upon such satisfaction granted relief and recorded compromise of MCOPs claims at instance of General Insurance Co. Ltd - In respect of these Memos Petitioner Insurance Company Insurance Co. Ltd has confirmed its consent for compromising all MCOPs as per amounts indicated in tabulation drawn above – Held, However much Central and State Governments come up with rescue and recovery packages or stimulus doses as court may choose to call them court People cannot expect subsidy in any such cause - Court those providentially better placed than rest Judiciary comprising Judges and Lawyers have to come together to devise ways to rescue litigants when they need our presence and proactive ways most - Lives matter Livelihood matters no less - Tragedy of migrant population played out before our eyes is real - There may be accident victims or families among said populace - Economy is stalling and staggering - For it to be triggered all of us as ONE need to contribute our might - Here is my thought - Court have already concluded that it is not as if this Court alone is divinely disposed of to permit recording of compromises placing reliance on digital consent - Claims tribunals may be better placed as claims are pending before them - Litigants may be even physically nearer - Digitally of course as nearer as this Court is - This court wants to record its appreciation for efforts taken by counsel appearing in respective petitions in order to enlighten this court to come to a correct conclusion - Assistance rendered by counsel becomes even more significant and in a sense special since the entire hearing was done through video conferencing. This case demonstrates the fact that even important issues can be decided through video conferencing provided Court is able to get able assistance of advocates - Without assistance of counsel appearing on behalf of petitioners it would have been difficult for this court to come to a correct conclusion in legal issue that arose for consideration in these batch of cases - In result Memos filed by Petitioner Insurance Company are ordered as prayed for – Accordingly said MCOPs are withdrawn from respective Claims Tribunals to this Court and compromise is recorded for respective sums as agreed vide tabulation – Order accordingly