Allowed

SBI General Insurance Co. Ltd. v. I.Rasheetha

Madras HC28 Apr 2021CMA/3531/2019

Case brief

AI extract

What is this about?

The High Court disposed of a civil miscellaneous appeal filed by an insurance company against a Motor Accidents Claims Tribunal award. Both parties filed a Joint Memo agreeing to a settlement of Rs.19 lakh. The Court recorded the settlement, ordered refund of portions and court fee, and closed the appeal.

What did the court decide?

The appeal disposed of based on settlement of Rs.19,00,000; order for return of excess deposit and refund of court fee; settlement terms recorded as part of decree.

SBI General Insurance Co. Ltd. Vs I.Rasheetha — Motor Accident Claims | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.04.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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AND

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THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

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SBI General Insurance Company Ltd.,
Branch Office, 2nd Floor, Ward No.A1,
Door No.104, Excellence Building,
Race Course, Coimbatore.

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...Appellant/R3

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Versus

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1.Mrs.I.Rasheetha
2.M.Ismail
3.Minor I.Saleema
 rep. by her mother Rasheetha
4.K.Loganathan
5.N.Sundaram

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...Respondents 1 to 3/Petitioners

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...4th Respondent/R1
...5th Respondent/R2

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This Civil Miscellaneous Appeal is filed under Section
173 of Motor Vehicle Act, 1988 against the judgment and decree
in M.C.O.P.No.823 of 2016 dated 20.12.2018 on the file of the
Motor Accidents Claims Tribunal (IV Additional District Court)
Coimbatore.

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For Respondents - 1 to 3 : Mr.M.Sivakumar

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 Respondents - 4 & 5 : Ex-parte

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https://hcservices.ecourts.gov.in/hcservices/

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JUDGMENT

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(Judgment of the Court was delivered by R.Subbiah, J.,)

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This Civil Miscellaneous Appeal has been filed by the
appellant/Insurance Company questioning the quantum of
compensation awarded by the learned IV Additional District
Judge, Coimbatore, passed in M.C.O.P.No.823 of 2016 dated
20.12.2018.

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2. The brief facts of the case reads as follows:

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On 07.02.2016 at about 20.00 hours, one Mr.I.Sahkul
(deceased in the present Appeal) was riding a bike bearing
Registration No.TN 99C 6365 on Kovai to Pollachi Main Road,
Sundarapuram, near City Union Bank. At that time, a bus bearing
Registration No.TN 66B 1230 came in a rash and negligent manner
dashed against the bike of the deceased. As a result of which
the said Sahkul sustained head injuries and died on the spot.
Hence, the respondents 1 to 3 herein viz., mother, father and
sister of the deceased Sahkul had filed a Claim Petition in
M.C.O.P.No.823 of 2016 against the respondents 4 & 5 and
appellant/Insurance Company, claiming a sum of Rs.30,00,000/- as
compensation for the death of said Sahkul.

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3. The respondents 4 & 5 were remained ex parte before
the Tribunal.

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4. The appellant/Insurance Company filed a counter
statement, wherein, they denied the averments made by the
respondents 1 to 3 in the Claim Petition.

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5. When the matter came up before the Tribunal on
20.12.2018, on the side of the claimants, 3 witnesses were
examined viz., P.W.1 to P.W.3 and 8 documents were marked as
exhibits viz., Ex.P1 to Ex.P8 and on the side of the respondents
4 & 5 and appellant/Insurance Company, neither any witness was
examined nor any documents were produced.

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6. On appreciation of the oral and documentary evidence
produced before it on the side of the claimants, the Tribunal
arrived at a finding that the accident had occurred due to the
rash and negligent driving of the first respondent. By arriving
at such a conclusion, the Tribunal directed the respondents 4 &

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https://hcservices.ecourts.gov.in/hcservices/

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5 and the appellant/Insurance Company to pay a sum of
Rs.24,49,200/- as compensation to the respondents 1 to 3.
Aggrieved by the quantum of compensation awarded by the
Tribunal, the appellant/Insurance Company has filed the present
Appeal.

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7. The learned counsel on both sides submitted in unison
that the parties have arrived at a settlement, in and by which,
the claimants agreed to receive a sum of Rs.19,00,000/- (Rupees
Nineteen Lakhs) in full quit. They have also filed a Joint Memo
for Recording Settlement dated 26.03.2021, entered into between
the parties, before this Court. Hence, they prayed that the
said Joint Memo for Recording Settlement filed by them may be
recorded and the present Appeal may be disposed of in terms of
the same.

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8. The said Joint Memo For Recording Settlement reads as
follows:

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"1.The appeal has been filed by the
appellant/Insurance Company. The above MCOP has
been filed by the respondents 1 to 3/claimants
claiming compensation for the death of one
I.Sahkul, son of the 1st and 2nd respondent and
brother of the third respondent, in an accident
which occurred on 07.02.2016 involving the
vehicle bearing Registration No.TN 66 B 1230,
insured with this appellant.

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2. The tribunal passed an award dated
20.12.2018 for a sum of Rs.24,49,200/- along with
interest and costs. Aggrieved by this order, the
appellant preferred the above appeal and the
appellant deposited 75% of award amount as per
the conditional order passed by this Hon'ble
Court vide order dated 23.09.2019 in
C.M.P.No.20627 of 2019.

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3. Now the respondents 1 to 3/claimants
and the appellant insurance company have
negotiated for settlement and arrived at a sum of
Rs.19,00,000/- (Rupees Nineteen Lakhs only) in
full quit.

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4. It is therefore prayed that this
Hon'ble Court may be pleased to record this Memo
of Compromise and pass an award for a sum of

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https://hcservices.ecourts.gov.in/hcservices/

¶35

Rs.19,00,000/- (Rupees Nineteen Lakhs) in full
quit in favour of the respondents 1 to
3/claimants payable by the appellant to the
credit of the above MCOP. This Hon'ble Court may
be pleased to apportion the award as
Rs.10,00,000/-, Rs.5,00,000/- and Rs.4,00,000/-
in favour of the respondents 1 to 3/claimants 1
to 3 respectively and also permit them to
withdraw their respective share amount. As per
the interim order of this Hon'ble Court, the
appellant already deposited Rs.23,64,638/- and
hence this Hon'ble Court may be pleased to direct
the tribunal to return the balance excess amount
of Rs.4,64,638/- to the appellant with accrued
interest thereon. This Hon'ble Court may be
pleased to order refund of court fee paid by the
appellant."

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9. Considering the submissions made by the learned
counsel on both sides, this Court is inclined to dispose of the
present Appeal in terms of the said Joint Memo for Recording
Settlement. Accordingly, this Civil Miscellaneous Appeal is
disposed of in terms of the Joint Memo for Recording Settlement
dated 26.03.2021 filed by the respective counsel on both sides.
It is needless to state that the Court fee paid shall be
refunded to the appellant in the manner provided under the Court
Fees Act, 1870 as provided for under Sub Section 1 of Section 21
r/w 25 of LSA Act 1987 as amended in 1994, read with Section 69A
of Tamil Nadu Court Fee and Suit Valuation Act, 1955 (as amended
by Act VI of 2017).

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10. The terms of the above Joint Memo for Recording
Settlement are recorded and the same shall form part of the
decree. No costs. Consequently, connected Miscellaneous
Petition is closed.

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Settlement.

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Sd/-

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Assistant Registrar(JJ Act)

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// True Copy //

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Sub Assistant Registrar

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mrr

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https://hcservices.ecourts.gov.in/hcservices/

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To

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1. The IV Additional District Judge,
 Motor Accidents Claims Tribunal,
 Coimbatore.

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2. The Section Officer,
 V.R.Section,
 High Court,
 Madras.
+1cc to Mr.K.Vinod, Advocate, S.R.No.26046
+1cc to Mr.C.Prabakaran, Advocate, S.R.No.26052

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C.M.A.No.3531 of 2019

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EV(CO)
RLP(18/11/2021)

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https://hcservices.ecourts.gov.in/hcservices/

SBI General Insurance Co. Ltd. v. I.Rasheetha

Case brief

What is this about?

What did the court decide?

SBI General Insurance Co. Ltd. v. I.Rasheetha

Case brief

What is this about?

What did the court decide?

What the court decided

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