Madras High Court
The Branch Manager vs Saraswathi on 22 August, 2025
Author: J. Nisha Banu
Bench: J. Nisha Banu
CMA No.2409 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-08-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CMA No. 2409 of 2025
AND
CMP NO. 20385 OF 2025
1. The Branch Manager,
M/s Liberty General Insurance Ltd.,
D No 574 C 2nd Floor, Vayaluraan Towers
Appellant(s)
DB Road, RS Puram,
South Coimbatore-641 002.
Vs
1. Saraswathi, w/o Sivaraman
Residing at No.1/102-1,
Thiyaranaduragam Village,
Thuppuganapalli Post, Shoolagiri Taluk,
Krishnagiri District
2.Sivaram
S/o. Narasappa, Residing at No.1/102-1,
Thiyaranaduragam Village,
Thuppuganapalli Post, Shoolagiri Taluk,
Krishnagiri District
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 01:21:36 pm )
CMA No.2409 of 2025
3.Swetha, D/o. Sivaraman,
Residing at No.1/102-1,
Thiyaranaduragam Village,
Thuppuganapalli Post, Shoolagiri Taluk,
Krishnagiri District
4.G Muniraj
S/o. Gope, No.4/66, Karukondapalli
Village, Bairamangalam Post,
Denkanikottai Taluk, Krishnagiri District,
R.C Holder of Bajaj Pulsar bearing
Respondent(s)
Reg.No.TN-70-AA-4604
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree made in MCOP.No.328 of
2020, dated 25.03.2025, on the file of the Motor Accidents Claims Tribunal,
Additional District Court, Hosur.
For Appellant(s): Mr. M.B.Gopalan Associates
M B Raghavan
For Respondents: Mr.R.Prakash for R1 to R3
ORDER
This civil miscellaneous appeal has been filed by the insurance company, challenging the decree and judgment passed by the learned Additional District Judge, Motor Accident Claims Tribunal, Hosur in MCOP No.328 of 2020, dated 25.03.2025.
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2. The respondents 1 to 3 herein/claimants filed the claim petition in MCOP No.328 of 2020 before Tribunal, seeking compensation of Rs.60,00,000/- for the death of the one S.Harish, son of respondents 1 and 2 and brother of 3rd respondent. The Tribunal, based on the evidence on record, has awarded a compensation of Rs.27,69,657/- to the claimants. Feeling aggrieved that the compensation awarded by the Tribunal is on higher side, the appellant has filed the appeal.
3. The 4th respondent remained exparte before the Tribunal.
4. Today, the appellant as well as the respondents 1 to 3 have filed a joint memo of compromise, dated 21.08.2025, having signed by them and their respective counsel. In the said Joint compromise memo, it is stated as follows.
" 2. In the above MCOP No.328 of 2020, by award dated 25.03.2025, the Tribunal granted compensation of Rs.27,69,557/- in favour of the respondents 1 to 3 / petitioners with interest at 7.5% p.a. and costs.
3. The appellant and the respondents 1 to 3 have subsequently negotiated for settlement and arrived at a sum of Rs.28,50,000/- in full quit as against the award of the Tribunal which shall stand modified as above.
4. The appellant has deposited a sum of Rs.25,000/- towards statutory deposit at the time of filing appeal. The balance amount of Rs.28,25,000/- shall be deposited by the appellant within a period of 4 weeks from the date of receipt of order copy. Right to recovery already granted by Tribunal shall remain.
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5. The parties shall bear their costs.
6. The appellant shall be entitled to refund of court fee paid in the appeal.
7. Since 4th respondent remained exparte before Tribunal and the appellant is satisfying the claim on his behalf, notice may be dispensed with to the 4th respondent."
5. Recording the joint memo of compromise dated 21.08..2025, this civil miscellaneous appeal is disposed of, in terms of the compromise entered into between the parties. The joint memo of compromise shall form part and parcel of this decree.
6. For reporting compliance, list the matter on 19.09.2025.
(J.N.B.J.) (M.J.R.J.)
22.08.2025
Internet: Yes
Index: Yes/No
Neutral citation: Yes/No
MST
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 01:21:36 pm )
CMA No.2409 of 2025
To
1. Saraswathi, w/o Sivaraman
Residing at No.1/102-1,
Thiyaranaduragam Village,
Thuppuganapalli Post, Shoolagiri Taluk, Krishnagiri District
2.Sivaram S/o. Narasappa, Residing at No.1/102-1, Thiyaranaduragam Village, Thuppuganapalli Post, Shoolagiri Taluk, Krishnagiri District
3.Swetha, D/o. Sivaraman, Residing at No.1/102-1, Thiyaranaduragam Village, Thuppuganapalli Post, Shoolagiri Taluk, Krishnagiri District
4.G Muniraj S/o. Gope, No.4/66, Karukondapalli Village, Bairamangalam Post, Denkanikottai Taluk, Krishnagiri District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 01:21:36 pm ) CMA No.2409 of 2025 J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
MST CMA NO.2409 OF 2025 22.08.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 01:21:36 pm )