Future Generali India Insurance Co Ltd v. Seenivasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2025
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI CMA.No.1936 of 2025 in CMP.No.16912 of 2025 The Divisional Manager, M/s.Future General India Insurance Company Ltd., 2nd Floor, No.83/84, Ellapillaichavadi Main Road, Sithananda Nagar, Pondicherry-605 005.
... Appellant Vs 1.Seenivasan 2.C.Muthulakshmi 3.Sugasini 4.M/s.Sree Lakshmi Enterprises No.5, Palm Enclave, Navarkulam Main Road, Lawspet, Puducherry.
... Respondents PRAYER: Civil Miscellaneous Appeal filed Under Section 173 of Motor Vehicles Act, 1988, praying to set aside the judgement and decree made in MCOP.No.1217 of 2022, dated 04.02.2025 on the file of the Motor Accidents Claims Tribunal, Special District Court No.I, Cuddalore. 1\6
For Appellant :
Mrs. C.Harini for Mr.M.B.Raghavan For R1 to R3 :
Ms.Ramya V. Rao
JUDGMENT
The appellant has filed this Civil Miscellaneous Appeal against the judgement and decree made in MCOP.No.1217 of 2022, dated 04.02.2025 on the file of the Motor Accidents Claims Tribunal, Special District Court No.I, Cuddalore.
2. Heard Mrs.C.Harini, learned counsel for Mr.M.B.Raghavan learned counsel appearing for the appellant, and Ms.Ramya V. Rao, learned counsel appearing for the respondents, and perused the material available on record.
3. Today, when the matter is taken up for hearing, learned counsel for the appellant and the respondents would state that pending this appeal, the appellant and the respondents settled the issue among themselves. The learned counsel for the appellant and the learned counsel for the respondent 2\6
filed a Joint Memorandum of Settlement dated 26.08.2025 duly signed by the parties and their respective counsel. Hence, the learned counsel appearing for both sides submitted that the Appeal may be disposed of in terms of the Memorandum of Compromise.
4. The said Memorandum of Compromise filed by the parties, dated 26.08.2025 is extracted hereunder:- " 1.The above appeal has been filed by the appellant / 2nd respondent Insurance company on Quantum.
2. The Tribunal passed as award for a sum of Rs.14,62,000/- in along with interest & Costs as against the claim of Rs.75,00,000/- During the pendency of the appeal the appellant and respondent 1 to 3 / Petitioners 1 to 3 have negotiated for settlement and arrived at a sum of Rs.14,62,000/- (Fourteen Lakh Sixty Two Thousand Only) in full quit (inclusive of interest and cost).
3.The appellant / Insurance Company has deposited Rs.25,000/- at the time of filing the appeal and has agreed to deposit the balance sum of Rs.14,37,000/- within a period of 4 weeks from the date of order passed by the Hon'ble High Court.
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4. It is further agreed that the 1st respondent / 1st petitioner Seenivasan shall withdraw a sum of Rs.11,69,600/-: 2nd respondent / 2nd petitioner Muthulakshmi shall withdraw a sum of Rs.1,46,200/- and 3rd respondent / 3rd petitioner Sugashini shall withdraw Rs.1,46,200/- on such deposit.
5. It is prayed that this Hon'ble High Court may be pleased to record this Memo of Compromise and pass an award for Rs.14,62,000/- in full quit. And on such deposit the respondent / petitioner 1 to 3 are permitted to withdraw their respective shares as mentioned above without filing formal permission petition.
6. The Tribunal on receiving payment out petition shall transfer the entire compensation amount to the bank account of the respondent / petitioners 1 to 3 by way of RTGS /NEFT on proper identification in accordance with the above term.
7. Since the above case is being settled by way of memo of compromise the appellant insurance company is entitled to refund of entire Court fee."
5. The Memorandum of Compromise filed by the parties dated 26.08.2025 is taken on record. Accordingly, this Civil Miscellaneous 4\6
Appeal is disposed of in terms of the Memorandum of Compromise filed by the parties. The above Memorandum of Compromise dated 26.08.2025 shall form part of the decree. Consequently, the connected Miscellaneous petition is closed. There shall be no order as to costs. 28.08.2025 Index : Yes/No Speaking/Non Speaking order rri To 1.The Motor Accidents Claims Tribunal, Special District Judge No.I, Cuddalore.
2.The Section Officer, VR Section, High Court of Madras.
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T.V.THAMILSELVI, J.
rri CMA.No.1936 of 2025 in CMP.No.16912 of 2025 28.08.2025 6\6