S.Sathiya v. V.Lakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM:

THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI 1.S.Sathiya 2.S.Anbarasan-Minor 3.S.Subash-Minor 4.G.Ezhumalai 5.E.Mariyammal ... Appellants / Petitioners (Minor petitioners 2 and 3 are represented by their mother Mrs.S.Sathiya, 1st petitioner as natural guardian and next friend) Vs.

1.V.Lakshmi ... Respondent/1st Respondent 2.United India Insurance Company Ltd., Motor Third Party Claims Hub, Silingi Building, 4th Floor, No.134, Greams Road, Chennai-600 006.

... Respondent/2nd Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 04.07.2023 made in M.A.C.T.O.P.No.3142 of 2020 on the file of Motor Accident Claims Tribunal / Chief Judge, Court of Small Causes, Chennai. For Appellants : Mrs.V.Tamilamudhu For Respondents : Mrs.R.Rathna Thara [R2] 1/5

JUDGMENT

Heard both sides.

2. The learned counsel for the appellants would submit that the matter has been settled between parties.

3. The learned counsel for both sides filed a Joint Memo of Compromise dated 07.10.2025, wherein, the matter has been settled for payment of Rs.9,00,000/- in full quit in favour of the appellants/claimants by the Insurance Company.

4. The Joint Memo of Compromise is taken on record and details of Joint Memo of Compromise is extracted as follows: JOINT MEMO OF COMPROMISE FILED BY APPELLANTS AND THE 2nd RESPONDENT INSURANCE COMPANY In this regard it is further submitted that the Appellant herein and the 2nd Respondent M/s.United India Insurance Co. Ltd., mediated between themselves, negotiated and mutually agreed to a full and final settlement of a sum of Rs.9,00,000/-(Rupees Nine Lakh only) in full quit without any interest, towards the above fatal case. Both parties have agreed that there shall be no further claims against each other arising out of this case.

5. In the result, (i) This Civil Miscellaneous Appeal is disposed of in terms of Joint Compromise Memo. No costs.

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(ii) The Joint Memo of Compromise shall form part of the judgment. (iii) The 2nd respondent / Insurance Company is directed to deposit the compensation amount i.e., Rs.9,00,000/- in terms of Joint Memo of Compromise to the credit of M.C.O.P.No.3142 of 2020 on the file of Motor Accident Claims Tribunal / Chief Judge, Court of Small Causes, Chennai, within a period of four weeks from the date of receipt of a copy of this Judgment.

(iv) On such deposit being made, the claimants are permitted to withdraw the amount, as apportioned by the Tribunal by filing relevant application before the Tribunal. The share of the minors shall be deposited in any one of the nationalized bank till they attain majority and the 1st appellant, mother of the minors S.Sathiya shall be permitted to withdraw quarterly interest from the said amount.

08.10.2025 Index : Yes/No Speaking / Non-speaking order ssn To:

1. The Chief Judge, Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

2. The Section Officer, 3/5

V.R.Section, High Court of Madras, Chennai.

R.KALAIMATHI, J., ssn 4/5

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