M/S.Iffco Tokio General Insurance Company Limited v. Tamizhselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE K. RAJASEKAR C.M.A. No. 2356 of 2021 and C.M.P.No.13252 of 2021 The Iffco Tokio General Insurance Company Limited Divisional Branch, Office at No.360-A, 1st Floor, Amman Complexm Katpadi Main Road, Virudhampet, Vellore - 632 002.

... Appellant/2nd Respondent Vs.

1.

Tamizhselvi, W/o. Late.Ravi 2.

Kaviyarasu

...Respondents 1 & 2/Petitioners

3.

Nabisa Banu ... 3rd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and Decree made in M.C.O.P.No.8 of 2019, dated 10.12.2020, on the file of the Motor Accidents Claims Tribunal, In the court of II Additional District Judge, Vellore @ Ranipet. For Appellant :

M/s. M.B.Gopalan Associates For R1 & R2 :

M/s.N.S.Amarnath For R3 :

Mr.M.Vignesh 1/6

JUDGMENT

When the matter came up for hearing, the learned counsels for both the side had filed a Joint Memo of compromise indicating that, out of Court settlement had been arrived between them. It is stated that the claimant has agreed to receive Rs.19,88,150/- (Rupees Nineteen lakhs eighty eight thousand one hundred and fifty only) with proportionate Interest and Cost awarded by the Tribunal.

2. The learned Counsel for the Insurance Company stated that the entire award amount of Rs.25,01,187/- (Rupees Twenty five lakhs one thousand one hundred and eighty seven only) including interest and cost have been deposited before the tribunal, out of which the Claimant has agreed to receive Rs.19,88,150/- with proportionate interest, if any awarded and cost as one quit and the balance shall be refunded to the Insurance company with proportionate interest, if any. The copy of Joint memo filed herein is scanned below.

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3. Considering the fact that the matter is compromised between the parties, this appeal stands disposed off. Consequently, connected civil miscellaneous petition stands closed. There shall be no order as to costs in the present appeal.

09.01.2024 shl Index:Yes/No Speaking Order:Yes/No To

1. Tamizhselvi, W/o. Late.Ravi

2. Kaviyarasu

3. Nabisa Banu 5/6

K. RAJASEKAR, J.

shl C.M.A. No. 2356 of 2021 and C.M.P.No.13252 of 2021 09.01.2024 6/6