Trg.Surender Nair v. K.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2021 CORAM :

THE HON'BLE MR.JUSTICE N.KIRUBAKARAN AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI C.M.A.NO. 1944 OF 2021

1. TRG. Surender Nair

2. SGS. Nitharshini ... Appellants/Petitioners Vs

1. K.Srinivasan

2. Cholamandalam Ms. General Insurance Company Limited II Floor, Dare House No.2, NSC Bose Road Chennai - 600 001.

... Respondents/Respondents PRAYER :

Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, praying to set aside the judgment and decree dated 29.10.2020 passed in M.A.C.T.O.P.No.933 of 2019 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.

For Appellant : Mrs. Lita Srinivasan For Respondents : Mr. M.B.Raghavan (For R2) for M/s. M.B.Gopalan & Associates R1 Exparte (Tribunal)

J U D G M E N T

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". 2.

This Appeal has been preferred by the Claimant aggrieved over the quantum of compensation of Rs.66,59,000/- awarded for the death of one Mrs. Sunanda Suren, in the accident which occurred on 16.10.2018, when she was riding her two wheeler bearing registration number TN 01 AW 9363 at Chetpet near Ramanathan Salai and Chittibabu Salai junction, from east

to west direction, which hit by the First Respondent's Honda Amaze car bearing Registration No. TN 23 BK 2323 driven in a rash and negligent manner.

3.

The claim petition was filed. On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the insured vehicle and awarded a sum of Rs. 66,59,000/-.

4.

When the matter is called today, Mrs. Lita Srinivasan, Learned Counsel for the Petitioner and Mr. M.B.Raghavan, Learned Counsel appearing for the Second Respondent Insurance Company would submit that the matter has been settled by mutual negotiations between the claimants and the Insurance Company, and the insurance company agreed to pay a sum of Rs.27,00,000/- over and above the award amount of Rs.66,59,000/-, and the claimants also agreed to accept the same. In this regard, a joint memo of compromise dated 30.07.2021 signed by both parties and counter signed by the respective Learned Counsel appearing both parties has been filed before this Court, which is placed on record.

5.

In view of the above settlement, the Second Respondent / Insurance Company is directed to deposit the additional amount of Rs.27,00,000/- as per joint memo of compromise, within a period of four weeks from the date of receipt of a copy of this judgment, as the Second Respondent already deposited the entire award amount along with interest and costs, in which the claimant also withdrew 50% of the awarded amount. On such deposit, apart from Rs.27,00,000/- to be deposited by the Insurance Company as per settlement, the balance amount, which has not been directed to be withdrawn, shall also be paid to the claimants in the ratio fixed by the Tribunal, within a period of two weeks, thereafter.

6.

With the above, this Civil Miscellaneous Appeal is disposed of. The compromise memo dated 30.07.2021 shall form a part and parcel of this judgment. No costs.

*Xerox copy of Joint Memo of Compromise is enclosed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Maya

To 1.

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

2.

The Section Officer, VR Section, High Court, Madras.

C.M.A. No. 1944 of 2021 SR(CO) PM/11/11/2021