Disposed

M/S.Oriental Insurance v. Vijila

Madras HC1 Aug 2024CMA(MD)/146/2019

Case brief

AI extract

What is this about?

Insurance company appealed against a motor accident compensation award, contending the deceased pillion rider was not covered under an Act Policy. During appeal, parties entered into a compromise for Rs.10 lakh as full quit; demand drafts were paid to the claimants and the appeal was disposed of in terms of the compromise.

What did the court decide?

Appeal disposed in terms of Compromise Memo dated 05.07.2024; Rs.10,00,000 paid to claimants as full quit; no costs; connected MP closed.

M/S.Oriental Insurance Vs Vijila — Motor Accident Claims | Madras HC (2024)

¶1

C.M.A.(MD).No.146 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 01.08.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

¶6

C.M.A(MD)No.146 of 2019 and

¶7

C.M.P(MD) No.1899 of 2019

¶8

M/s. Oriental Insurance Company Limited, Represented by its Divisional Manager, Having Office at Door No.24 – E- 12A, Sivasakthi Shopping Complex, S.N.High Road, Tirunelveli. ... Appellant/2^nd Respondent -vs-

¶9

Mrs.Vijila

¶10

Minor Sangeetha

¶11

Minor. Pravitha 4. Mrs.Meenakshi ... Respondents 1 to 4 / Petitioners 1 to 4

¶12

(Minor respondents 2 and 3 represented through their mother the first respondent)

¶13

5.Sadaiyappan ... 5^th Respondent/ 1^st Respondent

¶14

https://www.mhc.tn.gov.in/judis

¶15

1/5

¶16

C.M.A.(MD).No.146 of 2019

¶17

PRAYER:

¶18

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in M.C.O.P.No. 713 of 2016, dated 23.01.2018, on the file of the Motor Accident Claims Tribunal – cum – Special Sub Court, Tirunelveli.

¶19

For Appellant : Mr.C.Jawahar Ravindran

¶20

For Respondents : Mr.Jenifer Bibin – for R1 to R3

¶21

Mr.D.Shanmugaraja Sethupathy for R5

¶22

: No appearance – for R4

¶23

J U D G M E N T

¶24

The instant Civil Miscellaneous Appeal has been filed by the Insurance Company, challenging the award passed in M.C.O.P.No.713 of 2016, on the file of the Motor Accident Claims Tribunal – cum – Special Sub Court, Tirunelveli, on the ground that the deceased was a pillion rider of the vehicle and the policy was an Act Policy and hence they are not liable to pay any compensation.

¶25

https://www.mhc.tn.gov.in/judis

¶26

2/5

¶27

C.M.A.(MD).No.146 of 2019

¶28

2. In view of the above submission, the owner of the vehicle, namely, Sadaiyappan has entered into a compromise through a Compromise Memo dated 05.07.2024, wherein, it has been agreed by both the parties that they would receive a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) as full quit. Out of the said Rs.10,00,000/- a sum of Rs.5,00,000/- (Rupees Five Lakhs only) was paid in the name of first respondent/Mrs.Vijila, on 05.07.2024, through D.D.No.997416. Another sum of Rs.4,00,000/- (Rupees Four Lakhs only) has been paid in the name of M.Vijila, through Demand Draft No. 997458, dated 31.07.2024 and a sum of Rs.1,00,000/- (Rupees One Lakh only) has been paid in the name of Meenatchi.R through Demand Draft No. 997457, dated 31.07.2024, who is arrayed as the fourth respondent, who is the mother of the deceased. All the parties and their respective counsels have signed in the Compromise Memo. It is also agreed that all demand drafts have been received by the concerned parties. The said compromise Memo shall form part of the record.

¶29

https://www.mhc.tn.gov.in/judis

¶30

3/5

¶31

C.M.A.(MD).No.146 of 2019

¶32

3. Accordingly, this Civil Miscellaneous Appeal stands disposed of, in

¶33

terms of the Compromise Memo, dated 05.07.2024. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

¶34

01.08.2024

¶35

NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

¶36

¶37

Th e Motor Accident Claims Tribunal – cum – Special Sub Court, Tirunelveli.

¶38

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

¶39

https://www.mhc.tn.gov.in/judis

¶40

4/5

¶41

C.M.A.(MD).No.146 of 2019

¶42

R.VIJAYAKUMAR,J.

¶43

ebsi

¶44

C.M.A(MD)No.146 of 2019

¶45

01.08.2024

¶46

https://www.mhc.tn.gov.in/judis

¶47

5/5

M/S.Oriental Insurance v. Vijila

Case brief

What is this about?

What did the court decide?

M/S.Oriental Insurance v. Vijila

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

National Insurance Company Vs Lazer

The Deputy Registrar of Vs S.Ayyappan(Died)

The Deputy Registrar of Vs P. Malayappan

Correspondent, Vs G.Muthusamy

Boopathi Vs Idol Sri Meipoulnathaswamy

A. Mariappan, Vs The Tamil Nadu Bhoodan Board