Divisional Manager v. Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HON`BLE MR JUSTICE ABDUL QUDDHOSE CMA NO.2907 OF 2015 Divisional Manager, Oriental Insurance Co. Ltd., No.12-A, PLA Building, First floor, Kovai Road, Karur - 639 002.

...Appellant/2nd Respondent Vs 1.Ramesh ...1st Respondent/Petitioner 2.Subbathal 3.Bharathi ...2nd &3rd Respondents/3rd&4th Respondents (1st respondent before the tribunal passed away during trial. Hence he is not shown in the array of parties) Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 29.10.2014 made in M.C.O.P.No.279 of 2012, on the file of Motor Accidents Claims Tribunal/ (Additional District Judge), Namakkal.

DECREE:

This Civil Miscellaneous Appeal coming on for hearing on this day, 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 Mr.K.Vinod, Advocate for the appellant and Mr.T.Gobinath Advocate for the 1st respondent/ wherein the 2nd & 3rd respondents having set exparte in lower Court itself, this Court while allowing the Civil Miscellaneous appeal in part by modifying the award of the Tribunal, doth Order and Decree as follows:

i)That the award of the Tribunal be and hereby is reduced from Rs.9,46,400/- (Rupees nine lakhs forty six thousand four hundred only) to Rs.3,73,400/- (Rupees three lakhs seventy three thousand four hundred only) (Tribunal award) together with interest and costs as fixed by the by the Tribunal;

ii)That the appellant herein/insurance company be and hereby is directed to deposit the modified compensation amount of Rs.3,73,400/- together with interest at the rate of 7.5% per annum as assessed by the Tribunal from the date of claim till the date of deposit, after deducting the amount already deposited if any to

the credit of MCOP.No.279 of 2012 within a period of four weeks from the date of receipt of a copy of this judgment;

iii)That on such deposit being made, the Tribunal shall transfer the amount lying to the credit of MCOP.No.279 of 2012 to the bank account of the 1st respondent herein/claimant through RTGS within a period of one week thereafter;

iv)That the appellant herein/Insurance company shall be permitted to withdraw the excess amount lying in the credit of MCOP.No.279 of 2012, if the entire award amount has been already deposited by them before the Tribunal by filing an appropriate application;

V)That there be no costs in this Civil Miscellaneous Appeal;

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar pam To

1. The Motor Accident Claims Tribunal (Additional District Court), Namakkal.

2. The Section Officer V.R.Section, High Court of Madras.

+1cc to M/s.Elveera Ravindran, Advocate,Sr.No.26307 DATE : 29.04.2021 DECREE C.M.A.No.2907 of 2015 Partly allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 29.04.2021 made in M.C.O.P.No.279 of 2012, on the file of Motor Accident Claims Tribunal/ (Additional District Judge), Namakkal, etc. as stated therein.

CA[co] NSK 01/11/2021