Disposed

Iffco-Tokio General Insurance Company Ltd, v. K. Kalavathi

Madras HC13 Feb 2024WA/164/2022

Case brief

AI extract

What is this about?

Writ appeal by an insurance company against a single judge's order was settled: the appellant agreed not to contest the merits and to pay Rs.10 lakh to respondents 1 to 5 as full and final settlement, deposited in fixed deposit in the ratio directed by the single judge. Appeal disposed of without costs.

What did the court decide?

Appellant to pay Rs.10 lakh to respondents 1 to 5 within two weeks as full and final settlement, kept in fixed deposit in the ratio directed by the Single Judge; no costs.

Iffco-Tokio General Insurance Company Ltd, Vs K. Kalavathi — Insurance | Madras HC (2024)

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W.A.No.164 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.02.2024

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.A.No.164 of 2022

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M/s. IFFCO-TOKIO General Insurance Company Limited ITGI – Chennai Commercial IFFCO Bhawan No.128, Habibullah Road T.Nagar, Chennai 600 017. .. Appellant

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Vs.

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K.Kalavathi 2. K.Morrish Kumar (Minor) 3. K.Prajeeth (Minor)

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[R2 & R3 rep. by their mother and natural guardian K.Kalaivani]

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K.Madhanagopal 5. M.Saroja

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Union of India Rep. by Secretary to Government Ministry of Finance Department of Financial Services (Insurance Division) Jeevan Deep Building, Parliament Street New Delhi 110 001.

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___________ Page 1 of 6_

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

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W.A.No.164 of 2022

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K.Vasudevan

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M/s. Sathuva Hitec Private Ltd. Sathva CSF Company No.126-A Ponneri High Road Chennai 600 103.

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The Managing Director M/s. A.S.Doraisamy & Sons II Floor, 247, Thambu Chetty Street Chennai 600 001.

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.. Respondents

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Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 06.10.2021.

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For the Appellant

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: Mr.J.Michael Visuvasam

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For the Respondents

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: Mr.Arvind P.Datar Senior Counsel For Mr.S.Ayyathurai for Respondents 1 to 3 & 5

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Mr.R.Amizhdhu for Respondent-8

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Not ready in notice for Respondents 4 & 6

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Died – Respondent-7

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No appearance for Respondent-9

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___________ Page 2 of 6_

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

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W.A.No.164 of 2022

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JUDGMENT (Delivered by the Hon'ble Chief Justice)

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We have heard Mr.J.Michael Visuvasam, learned counsel for

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the petitioner, Mr.Arvind P.Datar, learned Senior Counsel for Mr.S.Ayyathurai, learned counsel for the respondents 1 to 3 and 5 and Mr.R.Amizhdhu, learned counsel for the eighth respondent.

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We had heard learned counsel for the appellant and learned counsel for the respondents on the last date.

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Considering the factual matrix of the matter and the plight of the respondents 1 to 5/writ petitioners, we had asked learned counsel for the appellant as to whether the appellant would pay Rs.10 lakh (Rupees ten lakh only) to the respondents 1 to 5 towards the full and final settlement. Time was sought by learned counsel for the appellant to seek instructions.

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Learned counsel for the appellant submits that considering

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___________ Page 3 of 6_

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

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W.A.No.164 of 2022

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the facts involved in the present case, the appellant would not contest on the merits of the matter and is ready to pay Rs.10 lakh (Rupees ten lakh only) to the respondents 1 to 5.

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In the light of the above, we pass the following order and

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the same would substitute the order passed by the learned Single Judge:

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(i) The appellant shall pay Rs.10 lakh

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(Rupees ten lakh only) to the respondents 1 to 5 within two weeks from today;

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(ii) The payment of Rs.10 lakh (Rupees ten lakh only) by the appellant to the respondents 1 to

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5 shall be towards the full and final settlement of

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the claim of the respondents 1 to 5; and

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(iii) The amount shall be deposited and kept

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in fixed deposit in the same ratio as directed by

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the learned Single Judge.

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___________ Page 4 of 6_

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

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W.A.No.164 of 2022

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The writ appeal is disposed of. There shall be no order as to

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costs. Consequently, C.M.P.Nos.1102 and 15247 of 2022 are closed.

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(S.V.G., CJ.) (D.B.C., J.) 13.02.2024

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Index : Yes/No Neutral Citation : Yes/No

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kpl

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The Secretary to Government Union of India Ministry of Finance Department of Financial Services (Insurance Division) Jeevan Deep Building, Parliament Street New Delhi 110 001.

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___________ Page 5 of 6_

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

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W.A.No.164 of 2022

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(kpl)

W.A.No.164 of 2022

13.02.2024

___________ Page 6 of 6_

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

Iffco-Tokio General Insurance Company Ltd, v. K. Kalavathi

Case brief

What is this about?

What did the court decide?

Iffco-Tokio General Insurance Company Ltd, v. K. Kalavathi

Case brief

What is this about?

What did the court decide?

What the court decided

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