← Library
Madras High CourtWA/164/2022disposed of

Iffco-Tokio General Insurance Company Ltd, v. K. Kalavathi

2024-02-13Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s. IFFCO-TOKIO General Insurance Company Limited ITGI - Chennai Commercial IFFCO Bhawan No.128, Habibullah Road T.Nagar, Chennai 600 017.

..

Appellant Vs.

1. K.Kalavathi

2. K.Morrish Kumar (Minor)

3. K.Prajeeth (Minor) [R2 & R3 rep. by their mother and natural guardian K.Kalaivani]

4. K.Madhanagopal

5. M.Saroja

6. Union of India Rep. by Secretary to Government Ministry of Finance Department of Financial Services (Insurance Division) Jeevan Deep Building, Parliament Street New Delhi 110 001.

7. K.Vasudevan

8. M/s. Sathuva Hitec Private Ltd.

Sathva CSF Company No.126-A Ponneri High Road Chennai 600 103.

9. The Managing Director M/s. A.S.Doraisamy & Sons II Floor, 247, Thambu Chetty Street Chennai 600 001.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 06.10.2021.

For the Appellant : Mr.J.Michael Visuvasam For the Respondents : Mr.Arvind P.Datar Senior Counsel For Mr.S.Ayyathurai for Respondents 1 to 3 & 5 Mr.R.Amizhdhu for Respondent-8 Not ready in notice for Respondents 4 & 6 Died - Respondent-7 No appearance for Respondent-9

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.J.Michael Visuvasam, learned counsel for the petitioner, Mr.Arvind P.Datar, learned Senior Counsel for Mr.S.Ayyathurai, learned counsel for the respondents 1 to 3 and 5 and Mr.R.Amizhdhu, learned counsel for the eighth respondent.

2. We had heard learned counsel for the appellant and learned counsel for the respondents on the last date.

3. Considering the factual matrix of the matter and the plight of the respondents 1 to 5/writ petitioners, we had asked learned counsel for the appellant as to whether the appellant would pay Rs.10 lakh (Rupees ten lakh only) to the respondents 1 to 5 towards the full and final settlement. Time was sought by learned counsel for the appellant to seek instructions.

4. Learned counsel for the appellant submits that considering

the facts involved in the present case, the appellant would not contest on the merits of the matter and is ready to pay Rs.10 lakh (Rupees ten lakh only) to the respondents 1 to 5.

5. In the light of the above, we pass the following order and the same would substitute the order passed by the learned Single Judge:

(i) The appellant shall pay Rs.10 lakh (Rupees ten lakh only) to the respondents 1 to 5 within two weeks from today;

(ii) The payment of Rs.10 lakh (Rupees ten lakh only) by the appellant to the respondents 1 to 5 shall be towards the full and final settlement of the claim of the respondents 1 to 5; and (iii) The amount shall be deposited and kept in fixed deposit in the same ratio as directed by the learned Single Judge.

6. The writ appeal is disposed of. There shall be no order as to costs. Consequently, C.M.P.Nos.1102 and 15247 of 2022 are closed. (S.V.G., CJ.) (D.B.C., J.) 13.02.2024 Index : Yes/No kpl To The Secretary to Government Union of India Ministry of Finance Department of Financial Services (Insurance Division) Jeevan Deep Building, Parliament Street New Delhi 110 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl) 13.02.2024