C.M.A.No.3302 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

and

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.M.A.No.3302 of 2021

and C.M.P.No.18768 of 2021

The Oriental Insurance Co. Ltd.

Having Office at T.P.Hub

No.32/312, Vijayalakshmi Complex

13^th street, Phase II

Sathuvachari, Vellore

Vellore District.

.. Appellant

Vs.

1.P.Saraswathi

2.P.Prakash

3.P.Prema

4.P.Premkumar

5.P.Manikandan

6.E.Karuppayi

7.T.Jayapal

.. Respondents

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the

Motor Vehicles Act, 1988, against the judgment and decree dated

09.08.2021 made in M.C.O.P.No.130 of 2020 on the file of the Motor

Accident Claims Tribunal (II Additional District Court), Vellore @

Ranipet.

For Appellant

: Mr.R.Sivakumar

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C.M.A.No.3302 of 2021

For R1 to R6

: Mr.M.Lokesh

R7

: Given up

J U D G M E N T

(Judgment of the Court was delivered by V.M.VELUMANI,J.)

The present appeal is filed challenging the award dated

09.08.2021 made in M.C.O.P.No.130 of 2020 on the file of the Motor

Accident Claims Tribunal (II Additional District Court), Vellore @

Ranipet.

2.When the appeal is taken up for hearing, both the learned

counsel appearing for the appellant as well as the learned counsel

appearing for the respondents 1 to 6 submitted that appellant and

respondents 1 to 6 entered into compromise, arrived at settlement and

filed joint memo of compromise dated 14.06.2022 duly signed by the

Regional Manager of the appellant/Insurance Company and the

respondents 1 to 6 and their respective counsel and prayed for passing of

decree in terms of Joint Memo of Compromise. This Court by order dated

14.06.2022 directed the respondents 1 to 6 to appear before this Court.

Today, the respondents 1, 3 to 6 appeared before this Court. The learned

counsel appearing for the respondents 1 to 6 identified the respondents 1,

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C.M.A.No.3302 of 2021

3 to 6 and submitted that 2^nd respondent viz., P.Prakash, is suffering from

fever and hence, he is not appearing before this Court today. The terms of

the said joint memo of compromise is extracted hereunder:

“4.Now the both parties Claimants/Insurance

Company are agreed to settle the matter amicably under

the following terms:

a) The respondents 1 to 6/claimants are agreed for a

sum of Rs.21,20,000/- (Twenty One lakhs and Twenty

two thousand only) as a full quit.

b) The Appellant/Insurance Company has agreed to

deposit the balance amount within three weeks from the

date of order.

c) On such deposit, the claimants are entitled to

withdraw their respective shares as apportioned below;

The 1^st Claimant/P.Saraswathi/wife entitle a sum

of Rs.13,20,000/-.

The Claimants 2 to 5/Children/entitle a sum of

Rs.1,50,000/- each.

The 6^th Claimant/E.Karuppayi/Mother entitle a

sum of Rs.2,00,000/-.”

3.The Joint Memo of Compromise dated 14.06.2022 is taken on

file and the same is recorded. Recording the Joint Memo of Compromise

and the submissions of the learned counsel appearing for the appellant as

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C.M.A.No.3302 of 2021

well as the respondents 1 to 6, this Civil Miscellaneous Appeal is

disposed of. The Joint Memo of Compromise shall form part of the

decree. No costs. Consequently, connected Miscellaneous Petition is

closed.

(V.M.V., J) (S.S., J)

28.06.2022

Index

: Yes / No

Internet

: Yes / No

kj

To

1.II Additional District Judge

Motor Accident Claims Tribunal

Vellore @ Ranipet.

2.The Section Officer,

VR Section,

High Court,

Madras.

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C.M.A.No.3302 of 2021

V.M.VELUMANI, J.

and

S.SOUNTHAR, J.

kj

C.M.A.No.3302 of 2021

and C.M.P.No.18768 of 2021

28.06.2022

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