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Madras High CourtCMA/1482/2015partly allowed

M/S.Icici Lombard v. Narayanan

2021-02-01Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN, C.M.A.No.1482 of 2015 M/s. ICICI LOMBARD General Insurance Company Limited, ICICI Bank Towers, Bandra Kurla Complex, Mumbai - 400 051.

...Appellant/2nd Respondent Vs

1. Narayanan 1st Respondent/Petitioner

2. Mr.P.Ravikumar 2nd Respondent/1st Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of M.V.Act, 1988 against the award and Decree dated 05.08.2013 in M.C.O.P.No.1483 of 2013 on the file of the Motor Accident Claims Tribunal / Special Subordinate Judge at Krishnagiri. Decree: This Civil Miscellaneous Appeal coming on for hearing on this Thursday the Twenty First day of January Two Thousand and Twenty One upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mrs.R.Sree Vidhya, Advocate for the Appellant and of Mr.K.Prasanna, Advocate for the 1st Respondent and the 2nd Respondent not appearing either in person or by Advocate and this case havig stood over for consideration till this day this court, while allowing the Civil Miscellaneous Appeal in part by modifying the award of the Tribunal doth order and decree as follows:

1. that the award of the Tribunal be and hereby is reduced to Rs.3,55,900/- (Rupees Three Lakhs Fifty Five Thousand Nine Hundred only) from Rs.4,53,720/- (Tribunal award) together with interest and costs;

2. that the compensation amount shall carry interest @ 7.5% per annum; from the date of claim petition till the date of payment.

3. that the Appellant/Insurance Company is directed to deposit the modified award amount now determined by this court, including interest and costs, less the amount already deposited if any, within a period of 8 weeks from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/

copy of this judgment, to the credit of M.C.O.P.No.1483 of 2013;

4. that on such deposit being made the 1st respondent / Claimant is be and hereby permitted to withdraw the amount along with interest and costs, less the amount if any, already withdrawn;

5. that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar kmm To

1. The Motor Accident Claims Tribunal (Special Subordinate Judge), Krishnagiri.

2. The Section Officer, VR Section, High Court, Madras -104.

+1cc to Mr.Mukund R.Pandiyan, Advocate, S.R.No.5144 Dated:- 01/02/2021 DECREE:

CMA. No.1482 of 2015 Partly allowing the Civil Miscellaneous Appeal preferred against the judgment and Decree dated 05.08.2013 made in M.C.O.P.No.1483 of 2013 on the file of the Motor Accidents Claims Tribunal / Special Subordinate Judge at Krishnagiri etc., as stated therein.

NRL(CO) RGA(20/09/2021) https://hcservices.ecourts.gov.in/hcservices/