Nandhini v. K.C.Periasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE CMA No.2504 OF 2016

1. Nandhini

2. Minor Nisha Shri

3. Minor Dheena (Minors rep by their natural friend guardian/Mother Nandhini) ...Appellants -vs1. K.C.Periasamy

2. National Insurance Co.Ltd., Having Office at L.R.N.Colony, Saradha College Road, Salem - 636 302.

... Respondents Prayer : Civil Miscellaneous Appeal against the judgment and decree dated 20.04.2016 and made in MCOP No.1869 of 2014 on the file of the Motor Accidents Claims Tribunal, III Additional District Court, Salem.

Decree : This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court and upon hearing the arguments of Mr.R.Jayaprakash, Advocate for the Appellants and Mr.D.Baskaran, Advocate for the Second Respondent and First Respondent having remained exparte both before the tribunal as well as this Court and the appellant/petitioner having paid the necessary Court fee under USR No.19231 this Court while allowing the appeal in part, doth order and decree as follows:

1) that the Second Respondent/Insurance Company be and hereby is directed to deposit the award amount of Rs.26,15,600/- (Rupees Twenty Six lakhs fifteen thousand six hundred only) together with interest at the rate of 7.5% per annum from the date of claim till the date of deposit and costs after deducting the amount already deposited to the credit of MCOP NO.1869 of 2014 within a period of receipt of a copy of this judgment.

2) that on such deposit being made, the tribunal be and hereby is directed to transfer the share of the first and fourth appellants to their bank accounts through RTGS within a period of one week thereafter.

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3) that the second and third appellants being minors, their share of award amount be and hereby is directed to be deposited in any one of the Nationalised Banks, till they attain majority.

4) that the first appellant being the guardian of the minors/second and third appellant be and hereby is permitted to withdraw the interest accrued once in six months.

5) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Deputy Registrar(Lok Adalat) //True copy// Sub Assistant Registrar To The III Additional District Judge, Motor Accidents Claims Tribunal, Salem.

Copy To The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.R.Jayaprakash, Advocate SR.No.30145 DATED : 29/06/2021 DECREE :

CMA.No.2504 of 2016 Partly allowing the Civil Miscellaneous Appeal preferred agains the judgment and decree dated 20.04.2016 and made in MCOP No.1869 of 2014 on the file of the Motor Accidents Claims Tribunal, III Additional District Court, Salem etc., as stated within.

RGN(CO) GMY(28/10/2021) https://hcservices.ecourts.gov.in/hcservices/