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[Cites 2, Cited by 0]

Madras High Court

M/S. Cholamandalam Ms Genl Ins Co Ltd vs Mr. Arunachalam (Mcop No.513/2019) ..… on 13 May, 2020

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                        1              Tr.CMP.Nos.364 to 384 of 2020

                                IN THE HIGH COURT OF JUDICATURE OF MADRAS

                                                DATED : 13/05/2020

                                                     CORAM

                                THE HON'BLE MR.JUSTICE N.ANAND VENKATESH


                                          Tr. CMP. Nos.364 to 384 of 2020


                      M/s. Cholamandalam MS Genl Ins Co Ltd,
                      No:154, Shaw Wallace building,
                      Thambu Chetty Street,
                      Chennai – 600001.
                                                                ………Petitioner in all Tr. CMPs


                                                       .Vs.

                      1. Mr. Arunachalam (MCOP No.513/2019)               ..…. Respondent in
                                                                         Tr.CMP No.374/2020

                      2. Mr. Minor Kishore (MCOP No.514/2019)               ..…. Respondent in
                                                                         Tr.CMP No.376/2020



                      3. Mr. Parthiban K (MCOP No.491/2019)                  ..…. Respondent in
                                                                         Tr.CMP No.373/2020



                      4. Mr. Dasthageer (MCOP No.288/2019)                   ..…. Respondent in
                                                                         Tr.CMP No.367/2020
                                                                         Tr.CMP No.372/2020


                      5. Mr. Balakrishnan (MCOP No.264/2019)                 ..…. Respondent in
                                                                         Tr.CMP No.370/2020


                      6. Mr. Karthik @Karthikeyan (MCOP No.182/2019)         ..…. Respondent in

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                                                        2           Tr.CMP.Nos.364 to 384 of 2020

                                                                      Tr.CMP No.368/2020
                      7. Mr. Annamalai R (MCOP No.5978/2019)              ..…. Respondent in
                                                                      Tr.CMP No.382/2020


                      8. Mr. Kuppusamy K (MCOP No.945/2020)               ..…. Respondent in
                                                                      Tr.CMP No.375/2020


                      9. Mrs. Meenal S (MCOP No.946/2020)                 ..…. Respondent in
                                                                      Tr.CMP No.384/2020


                      10. Mr. Deenahtayalan P (MCOP No.1193/2020)        ..…. Respondent in
                                                                      Tr.CMP No.380/2020


                      11. Mrs. Sathya (MCOP No.1194/2020)                ..…. Respondent in
                                                                      Tr.CMP No.381/2020


                      12. Mr. Vignesh@Vigneshwaran (MCOP No.1195/2020)      .. Respondent in
                                                                        Tr.CMP No.383/2020


                      13. Mr. Kamalakasn and others(MCOP No.339/2019)     …. Respondents in
                                                                      Tr.CMP No.371/2020


                      14. Mr. Govindaraju (MCOP No.562/2019)             ..…. Respondent in
                                                                      Tr.CMP No.377/2020


                      15. Mrs. Papathy (MCOP No.705/2019)               ..…. Respondent in
                                                                      Tr.CMP No.379/2020


                      16. Mr. Minor Dinakaran (MCOP No.569/2019)          ..…. Respondent in
                                                                        Tr.CMP No.378/2020

                      18. Mrs. Thanalakshmi & 3 Others(MCOP No1688/2019)
                          Mrs.Rajeshwari
                          Mr.Sivasubramaniyam
                          Mr.Arunkumar                                     . .Respondents in
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                                                               3            Tr.CMP.Nos.364 to 384 of 2020

                                                                              Tr.CMP No.369/2020


                      19. Mr.Kittusamy (MCOP No.651/2019)                       ..…. Respondent in
                                                                              Tr.CMP No.365/2020


                      20. Mr.Prithiviraj (MCOP No.1132/2019)               ..…. Respondent in
                                                                              Tr.CMP No.366/2020

                      21. Mrs.Kanimozhi @ 3 others (EC 50/2019)
                          Minor Muthu Kumaran
                          Jayarani
                             Muthu Vijan                                    ..…. Respondents 1 to 4 in
                                                                                  Tr.CMP No.364/2020

                                                     Respondents in Tr.CMPs/Petitioners in MCOPs



                          1) Prayer in Tr.CMP No.374/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.513/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Special Subordinate Court,
                          Tiruvannamalai.

                          2) Prayer in Tr.CMP No.376/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.514/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Special Subordinate Court,
                          Tiruvannamalai.

                          3) Prayer in Tr.CMP No.373/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.491/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Special Subordinate Court,
                          Tiruvannamalai.

                          4) Prayer in Tr.CMP No.367 and 372 of 2020:- Transfer Civil Miscellaneous

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                                                                 4             Tr.CMP.Nos.364 to 384 of 2020

                          Petition filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of
                          India, to withdraw and transfer the petition in MCOP No.288/2019, on the file
                          of the learned Motor Accident Claims Tribunal, 1st Additional District Judge,
                          Vellore.



                          5) Prayer in Tr.CMP No.370/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.264/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Sub Court, Ponneri.

                          6) Prayer in Tr.CMP No.368/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.182/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Principal Subordinate Court,
                          Cheyyar.

                          7) Prayer in Tr.CMP No.382/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.5978/2019, on the file of the
                          learned Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.

                          8) Prayer in Tr.CMP No.375/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.945/2020, on the file of the
                          learned Motor Accident Claims Tribunal, V Court of Small Causes, Chennai.

                          9) Prayer in Tr.CMP No.384/2020:- Transfer Civil Miscellaneous Petition filed
                          under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.946/2020, on the file of the
                          learned Motor Accident Claims Tribunal, V Court of Small Causes, Chennai.

                          10) Prayer in Tr.CMP No.380/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.1193/2020, on the file of the
                          learned Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.
                          11) Prayer in Tr.CMP No.381/2020:- Transfer Civil Miscellaneous Petition

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                                                                 5             Tr.CMP.Nos.364 to 384 of 2020

                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.1194/2020, on the file of the
                          learned Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.




                          12) Prayer in Tr.CMP No.383/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.1195/2020, on the file of the
                          learned Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.

                          13) Prayer in Tr.CMP No.371/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.339/2019, on the file of the
                          learned Motor Accident Claims Tribunal, III Additional District Court
                          Kallakuruchi.

                          14) Prayer in Tr.CMP No.377/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.562/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Principal District Judge , Namakkal.

                          15) Prayer in Tr.CMP No.379/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.705/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Additional sub Court, Namakkal.

                          16) Prayer in Tr.CMP No.378/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.569/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Principal District Judge , Namakkal.

                          17) Prayer in Tr.CMP No.380/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.945/2019, on the file of the
                          learned Motor Accident Claims Tribunal, The special Subordinate judge-
                          Coimbatore.

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                                                                 6             Tr.CMP.Nos.364 to 384 of 2020



                          18) Prayer in Tr.CMP No.369/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.1688/2019, on the file of the
                          learned Motor Accident Claims Tribunal, IV Additional District judge,
                          Coimbatore.

                          19) Prayer in Tr.CMP No.365/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.651/2019, on the file of the
                          learned Motor Accident Claims Tribunal, Subordinate Judge, Kangeyam.

                          20) Prayer in Tr.CMP No.366/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in MCOP No.1132/2019, on the file of the
                          learned Motor Accident Claims Tribunal, the Exclusive Motor Accidents
                          Claims Tribunal, Tiruppur.

                          21) Prayer in Tr.CMP No.364/2020:- Transfer Civil Miscellaneous Petition
                          filed under Section 24 of C.P.C., r/w Article 227 of The Constitution of India, to
                          withdraw and transfer the petition in EC 50/2019, on the file of the learned
                          Deputy Commissioner of the Labour at Coimbatore.



                                For Petitioner                  : Mr. N. Vijayaraghavan
                            (in all Tr CMP Nos.364 to 367,
                             369 to 371, 374, 375,
                             377 to 381 & 383/2020)




                                                        COMMON ORDER

The Petitioner Insurer has filed 21 Memos dated 12/05/2020 in relation to 10 MCOPs and 1 Employees Compensation Case, pending on the file of http://www.judis.nic.in 6/16 7 Tr.CMP.Nos.364 to 384 of 2020 various Claims Tribunals in Tamil Nadu, as per the tabulation drawn below.

The said Table also indicates the amounts for which each of the claimants in the 50 MCOPs and 1 EC Cases have agreed for Compromise.


                                                                            TABLE
                                                                                                     Petitioner’s
                                                                                                                   Amount
                                 MCOP                                                 Petitioner’s    Counsel’s
                          S.No                Court           Petitioner’s Name                                     in full
                                  No.                                                  Counsel         Mobile
                                                                                                                  quit (Rs.)
                                                                                                       Number
                                          Special
                                          Subordinate
                                 513/20
                           1              Court,            Arunachalam             Saravanan E      9787527209 25,000
                                 19
                                          Tiruvannamal
                                          ai
                                          Special
                                          Subordinate
                                 514/20
                           2              Court,            Minor Kishore           Saravanan E      9787527209 25,000
                                 19
                                          Tiruvannamal
                                          ai
                                          Special
                                          Subordinate
                                 491/20
                           3              Court,            Parthiban K             L S Kumaravel    9962153661 1,77,700
                                 19
                                          Tiruvannamal
                                          ai
                                          1st Additional
                                 288/20
                           4              District Judge,   Dasthageer              Dhakshinamoorthi 9443430346 1,40,000
                                 19
                                          Vellore
                                 264/20   Sub Court,                                AJ
                           5                                Balakrishnan                             9600022003 2,10,000
                                 19       Ponneri                                   Chandrasekaran
                                          Principal
                                 182/20
                           6              subordinate       Karthik @Karthikeyan    Asaithambi       9443624514 1,80,000
                                 19
                                          court, Cheyyar
                                          VI Court of
                                 5978/2   Small
                           7                                Annamalai R             Dharmaraja S     9841348736 2,60,000
                                 019      Causes,
                                          Chennai
                                          V Court of
                                 945/20   Small
                           8                                Kuppusamy K             Kamaraj CD       9710450066 90,000
                                 20       Causes,
                                          Chennai
                           9     946/20   V Court of        Meenal S                Kamaraj CD       9710450066 3,59,000
                                 20       Small
                                          Causes,
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                                                                          8          Tr.CMP.Nos.364 to 384 of 2020

                                        Chennai
                                        VI Court of
                               1193/2   Small
                          10                              Deenahtayalan P        Kamaraj CD        9710450066 30,000
                               020      Causes,
                                        Chennai
                                        VI Court of
                               1194/2   Small
                          11                              Sathya                 Kamaraj CD        9710450066 35,000
                               020      Causes,
                                        Chennai
                                        VI Court of
                               1195/2   Small             Vignesh@Vigneshwara
                          12                                                  Kamaraj CD           9710450066 30,000
                               020      Causes,           n
                                        Chennai
                                        III Additional
                               339/20                     Kamalakasn and
                          13            District Court                           Saravanan         9443539357 9,75,000
                               19                         others
                                        Kallakuruchi
                                        Principal
                               562/20
                          14            District Judge    Govindaraju            Selvarani         9442233675 22,000
                               19
                                        , Namakkal
                                        Additional Sub
                               705/20
                          15            Court,            Papathy                Selvarani         9442233675 1,94,000
                               19
                                        Namakkal
                                        Principal
                               569/20
                          16            District Judge    Minor Dinakaran        Selvarani         9442233675 190000
                               19
                                        , Namakkal
                                        The special
                               945/20   Subordinate
                          17                              Thangarajan            Mrs.Anitha devi   7598198203 4,00,000
                               19       judge-
                                        Coimbatore
                                        IV Additional
                               1688/2                     Dhanalakshmi & 3
                          18            District judge,                          Mr.N.Thangaraj    9344833383 3,10,000
                               019                        Others
                                        Coimbatore
                                        Subordinate
                               651/20
                          19            Judge,            Kittusamy              Mr.Somasundram 9842002222 5,31,000
                               19
                                        Kangeyam
                                        the Exclusive
                                        Motor
                               1132/2   Accidents
                          20                              Prithivirajan          Mr.V.Sundrarajan 9443548428 1,60,000
                               019      Claims
                                        Tribunal,
                                        Tiruppur
                          21   EC50/2   Deputy            Kanimozhi @ 3 others   Mr.V.Sundrarajan 9443548428 8,50,000
                               019      Commissioner
                                        of the Labour
                                        at


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                                                           9            Tr.CMP.Nos.364 to 384 of 2020

                                     Coimbatore



2.The Petitioner has relied upon the Orders of this Court dated 05/05/2020 made in Tr. CMP No. 231/2020 (Batch). As per the said Judgment, by a detailed Order with reasons, this Court had accepted a similar Memo filed by this Insurance Company, M/s Cholamandalam MS General Insurance Co Ltd., and permitted withdrawal of 23 such Motor Accident Claim Petitions (MCOPs) and recorded compromise of those claims, as agreed to by the Parties.

3.This court approved the consent of the Insurer vide Memo and the consent of the claimants vide WhatsApp Messages through the counsel for the claimants, in all the 23 MCOPs. This Court, upon such satisfaction, granted the relief and recorded compromise of the 23 MCOP claims, at the instance of M/s Cholamandalam MS General Insurance Co Ltd.

4.In respect of these 21 Memos dated 12/05/2020, the Petitioner Insurance Company, M/s. Cholamandalam MS Insurance Co Ltd., has confirmed its consent for compromising all the 20 MCOPs and1 EC Case as per the amounts indicated in the Table above.

5.In respect of the consent of the claimants, the Insurer has produced 21 consents by way of WhatsApp messages, from the counsel for the said http://www.judis.nic.in 9/16 10 Tr.CMP.Nos.364 to 384 of 2020 claimants, agreeing for the respective amounts in the Table above.

6.In the 21 Memos dated 12/05/2020, the insurer has confirmed that the consent between the parties is true and genuine. The counsel for the claimants have confirmed to the insurer that the 21 WhatsApp messages have been sent with the consent of the respective claimants.

7.The said claimants, for lack of immediate internet access, have not sent their individual consents to their counsel. However, the insurer and the counsel for the claimants have submitted, that the claimants are agreeable for the compromise and the consent letters by Whatsapp sent by their counsels be accepted as consent for the same. The names of the counsels for the claimants are furnished with their respective Mobile Numbers.

8.I am satisfied that there is consensus ad idem for this compromise between the parties, and for recording the same in the 20 MCOPs and 1 EC Case. This Court does not feel the need to reiterate the detailed reasons given by it, in its orders dated 05/05/2020 in Tr. CMP 231/2020 (Batch). The said reasons are fully applicable for granting the reliefs to the parties in these cases as well.

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9.In the result, the 21 Memos dated 12/05/2020 filed by the Petitioner Insurance Company are ordered as prayed for. Accordingly, the said 20 MCOPs and 1 EC Case are withdrawn from the respective Claims Tribunals, and The Deputy/Joint Commissioner of Labour Cases to this Court and compromise is recorded for the respective sums, as agreed to vide the Table above

10.Hence, the following directions are issued.

i. MCOP No.513/2019 on the file of The Motor Accident Claims Tribunal, Special Subordinate Court, Tiruvannamalai, shall stand withdrawn to this Court and stand compromised for Rs.25,000/- in full quit.

ii. MCOP No.514/2019 on the file of The Motor Accident Claims Tribunal, Special Subordinate Court, Tiruvannamalai, shall stand withdrawn to this Court and stand compromised for Rs.25,000/- in full quit. As is the practice in Lok Adalat settlements, the natural guardian of the minor petitioner is permitted to withdraw Rs.15000/- towards treatment, maintenance and care for the minor claimant. The balance Rs.10,000/- shall be invested in any Nationalized Bank until the minor claimant attains majority.

iii. MCOP No.491/2019 on the file of The Motor Accident Claims Tribunal, Special Subordinate Court, Tiruvannamalai, shall stand withdrawn to this Court and stand compromised for Rs.1,77,700/- in full quit.

iv. MCOP No.288/2019 on the file of The Motor Accident Claims Tribunal, 1st Additional District Judge, Vellore, shall stand withdrawn to this Court and stand compromised for Rs.1,40,000/- in full quit.

http://www.judis.nic.in 11/16 12 Tr.CMP.Nos.364 to 384 of 2020 v. MCOP No.264/2019 on the file of The Motor Accident Claims Tribunal, Sub Court, Ponneri, shall stand withdrawn to this Court and stand compromised for Rs.2,10,000/- in full quit.

vi. MCOP No.182/2019 on the file of The Motor Accident Claims Tribunal, Principal Subordinate Court, Cheyyar, shall stand withdrawn to this Court and stand compromised for Rs.1,80,000/- in full quit.

Vii. MCOP No.5978/2019 on the file of The Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai, shall stand withdrawn to this Court and stand compromised for Rs.2,60,000/- in full quit.

Viii. MCOP No.945/2020 on the file of The Motor Accident Claims Tribunal, V Court of Small Causes, Chennai, shall stand withdrawn to this Court and stand compromised for Rs.90,000/- in full quit.

ix. MCOP No.946/2020 on the file of The Motor Accident Claims Tribunal, V Court of Small Causes, Chennai, shall stand withdrawn to this Court and stand compromised for Rs.3,59,000/- in full quit.

x. MCOP No.1193/2020 on the file of The Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai, shall stand withdrawn to this Court and stand compromised for Rs.30,000/- in full quit.

xi. MCOP No.1194/2020 on the file of The Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai, shall stand withdrawn to this Court and stand compromised for Rs.35,000/- in full quit.

xii. MCOP No.1195/2020 on the file of The Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai, shall stand withdrawn to this Court and stand compromised for Rs.30,000/- in full quit.

xiii. MCOP No.339/2019 on the file of The Motor Accident Claims Tribunal, III Additional District Court Kallakuruchi, shall stand withdrawn to this Court and stand compromised for Rs.9,75,000/- in full quit. The award shall be shared between the husband, 2 sons & 1 daughter in the http://www.judis.nic.in 12/16 13 Tr.CMP.Nos.364 to 384 of 2020 following manner being Rs.3,75,000/- to husband/ 1st petitioner in MCOP. No. 339/2019 and Rs.2,00,000 each to the 2 sons & 1 daughter being petitioners 2 to 4 in MCOP No. 339/2019.

xiv. MCOP No.562/2019 on the file of The Motor Accident Claims Tribunal, Principal District Judge, Namakkal, shall stand withdrawn to this Court and stand compromised for Rs.22,000/- in full quit.

xv. MCOP No.705/2019 on the file of The Motor Accident Claims Tribunal, Additional sub Court, Namakkal, shall stand withdrawn to this Court and stand compromised for Rs.1,94,000/- in full quit.

xvi. MCOP No.569/2019 on the file of The Motor Accident Claims Tribunal, Principal District Judge, Namakkal, shall stand withdrawn to this Court and stand compromised for Rs.1,90,000/- in full quit.

xvii. MCOP No.945/2019 on the file of The Motor Accident Claims Tribunal, The special Subordinate judge, Coimbatore, shall stand withdrawn to this Court and stand compromised for Rs.4,00,000/- in full quit.

xviii. MCOP No.1688/2019 on the file of The Motor Accident Claims Tribunal, IV Additional District judge, Coimbatore, shall stand withdrawn to this Court and stand compromised for Rs.3,10,000/- in full quit. The award shall be shared between the wife, 2 sons & 1 daughter in the following manner being Rs.85,000/- to the husband/ 1st petitioner in MCOP. No.1688/2019 and Rs.75,000/- each to the 2 sons & 1 daughter being petitioners 2 to 4 in MCOP No. 1688/2019.

xix. MCOP No.651/2019 on the file of The Motor Accident Claims Tribunal, Subordinate Judge, Kangeyam, shall stand withdrawn to this Court and stand compromised for Rs.5,31,000/- in full quit.

xx. MCOP No.1132/2019 on the file of The Motor Accident Claims Tribunal, The Exclusive Motor Accidents Claims Tribunal, Tiruppur, shall stand withdrawn to this Court and stand compromised for http://www.judis.nic.in 13/16 14 Tr.CMP.Nos.364 to 384 of 2020 Rs.1,60,000/- in full quit.

xxi. EC No.50/2019 on the file of The Deputy Commissioner of the Labour at Coimbatore, shall stand withdrawn to this Court and stand compromised for Rs.8,50,000/- in full quit. By WhatsApp message dated 11/05/2020 (annexed to the Memo dated 12/05/2020), the counsel for claimants has certified that the compromise is for the benefit of a minor child. It is agreed that the share of the minor child may be invested in a Nationalised Bank until the minor attains majority. Accordingly, the claimants shall share the compromise award amount as follows. The widow/1st petitioner shall be entitled to Rs.3,00,000/-, the mother & father / 3rd and 4th petitioners shall be entitled to each Rs.1,25,000/-, and the minor/ 2nd petitioner shall be entitled to Rs.3,00,000/-. The share of the minor shall be invested in a Nationalised Bank until he attains majority. The widow shall be at liberty to approach the Claims Tribunal for permission to withdraw periodical interest on the investment made in the name of the minor for his welfare.

xxii. It is therefore, directed that the Petitioner Insurance Company shall satisfy the respective compromised amounts in the 20 MCOPs and 1 EC Case and deposit the respective award amounts to the credit of the respective MCOPs, and EC on the file of the respective Claims Tribunals.

xxiii. The Petitioner Insurer shall deposit the respective Compromise Award amounts within 2 weeks from the date of receipt of copy of this Order by E-Mail.

xxiv. Upon such deposit, the claimants would be entitled to withdraw the same on proper identification by the counsel for the claimants, in a manner known to law.

xxv. It is hereby directed that the Registry shall send a Copy of this Order to the Counsel for the Petitioner by E-Mail, who shall in turn, send a copy of the same to the respective Counsel for the Claimants, to confirm the Compromise Awards.

http://www.judis.nic.in 14/16 15 Tr.CMP.Nos.364 to 384 of 2020 xxvi. The Registry is further directed to send copies of this Order by E- Mail to the respective Motor Accident Claims Tribunals and Joint Commissioners of Labour Cases, for the present, for compliance. The Claims Tribunals shall treat the E-Mail of the copy of this Order received from this Court as Certified Copy. As and when, normalcy returns after the viral pandemic, the Registry shall send hard copies of this Order, duly certified to the respective Claims Tribunals, for the record.

xxvii. In fine, the 21 Memos dated 12/05/2020 filed by the Petitioner Insurer are ordered as prayed for and all parties hereto shall comply with the same. No orders as to costs in these proceedings.

13.05.2020 Internet: Yes/No Index: Yes/No KP To

1. The Judge, Special Subordinate Court, Tiruvannamalai, (Motor Accidents Claims Tribunal).

2. The Judge, 1st Additional District Judge, Vellore, (Motor Accidents Claims Tribunal).

3. The Judge, Sub Court, Ponneri, (Motor Accidents Claims Tribunal).

4. The Judge, Principle subordinate court, Cheyyar (Motor Accidents Claims Tribunal).

5. The Judge, VI Court of Small Causes, Chennai (Motor Accidents Claims Tribunal).

6. The Judge, V Court of Small Causes, Chennai (Motor Accidents Claims Tribunal).

7. The Judge, III Additional District Court Kallakuruchi (Motor Accidents Claims Tribunal).

8. The Judge, Principal District Judge , Namakkal (Motor Accidents Claims http://www.judis.nic.in 15/16 16 Tr.CMP.Nos.364 to 384 of 2020 Tribunal).

9. The Judge, Additional sub Court, Namakkal (Motor Accidents Claims Tribunal).

10.The Judge, IV Additional District judge, Coimbatore (Motor Accidents Claims Tribunal).

11.The Judge, Subordinate Judge, Kangeyam (Motor Accidents Claims Tribunal).

12.The Judge, The Exclusive Motor Accidents Claims Tribunal, Tiruppur

13.The Judge, Deputy Commissioner of the Labour, Coimbatore

14.Mr. Vijayaraghavan N V. ([email protected])

16. M/s. Cholamandalam MS General Insurance Ltd – Petitioner ([email protected]) ([email protected]) N.ANAND VENKATESH, J.

KP http://www.judis.nic.in 16/16 17 Tr.CMP.Nos.364 to 384 of 2020 Common Order in Tr. CMP. Nos.364 to 384 of 2020 13.05.2020 http://www.judis.nic.in 17/16