M/s. National Insurance Co Ltd. v. V.Kothandapani (Died) 1. Rasayal
CMA/2794/2025 · 2025-10-22
R Kalaimathi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 191572 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191572 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C.M.A.No.2794 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2025
CORAM:
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI C.M.A.No.2794 of 2025 and CMP.No.23728 of 2025 M/s.National Insurance Company Limited, Represented by its Divisional Manager,] Third Party Claims Cell, Murugesa Buldings, No.66, Graeme's Road, Chennai 600 006. ... Appellant/2nd respondent vs. (V.Kothandapani – Died) 1.Rasayal ... 1st Respondent/Petitioner 2.N.Arimurugan ... Respondent/1st respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Judgment and decree dated 10.03.2025 passed in M.C.O.P.No.96 of 2019 on the file of the Motor Accident Claims Tribunal, (Special District Court No.1) Cuddalore. For Appellant : Mrs.C.Harini for Mr.Vijayaraghavan.N For R1 : Ms.A.Subathra for M/s.Ramya V.Rao
JUDGMENT Today, when the matter is taken up for hearing, learned counsel for the appellant would submit that the matter is settled between the 1/4 https://www.mhc.tn.gov.in/judis
C.M.A.No.2794 of 2025 parties to the appeal.
2. The sole claimant, Rasayal, appears through Video Conferencing and she is enquired.
3. Learned counsel for both sides filed a Joint Memo of Compromise dated 22.10.2025. The Joint Memo of Compromise is taken on record and extracted as follows:
“2. In the above MCOP.No.96 of 2019, the Tribunal has passed an award of Rs.1,57,000/- with interest at 7.5% p.a.in favour of the 2nd respondent/2nd petitioner directing the appellant to pay the compensation and recover the same from the 3rd respondent/1st respondent.
3. The appellant and the 2nd respondent have negotiated for settlement and arrived at a sum of Rs.1,00,000/- with interest.
4. The 2nd respondent/2nd petitioner is willing to accept the same. The modified award amount shall be transferred to the account of the 2nd respondent /2nd petitioner and the appellant has agreed to transfer the award amount within a period of four weeks from the date of receiving the
order.
5. It is prayed that this Hon'ble Court may be pleased to record the Joint Memo of compromise and pass an award for Rs.1,00,000/- in favour of 2/4 https://www.mhc.tn.gov.in/judis
C.M.A.No.2794 of 2025 the 2nd respondent/2nd petitioner with right of recovery to be retained in favour of the appellant. The appellant /2nd respondent shall transfer the award amount into the account of the 2nd respondent/2nd petitioner, Mrs.K.Rasayal, Indian Overseas Bak, Pudupalayam, Cuddalore Branch, SBI Acc.No.177801000021410, IFSC Code – IOBA0001778 by NEFT Transfer within the period of four weeks from the date of order.”
4. Recording the said details, an award for Rs.1,00,000/- is passed, payable by the appellant/2nd respondent with the right of recovery from the respondent N.Arimurugan.
5. In the result, (i) This Civil Miscellaneous Appeal is disposed of in terms of the joint memorandum of compromise. (ii) The joint memo of compromise shall form part of the decree. No costs. 22.10.2025 Index : Yes/No Speaking / Non-speaking order kkd/mac R. KALAIMATHI, J. 3/4 https://www.mhc.tn.gov.in/judis
C.M.A.No.2794 of 2025 kkd/mac To The Motor Accident Claims Tribunal, (Special District Court No.1) Cuddalore. C.M.A.No.2794 of 2025 22.10.2025 4/4 https://www.mhc.tn.gov.in/judis