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Madras High CourtCMA/830/2015partly allowed

Sudha v. Selvaraj

2015-06-23Honourable Mr Justice N. Kirubakaran3 pages

C.M.A.No.830 of 2015 N.KIRUBAKARAN.J, This matter has been brought before this Court for clarification of the order dated 25.6.2015. This Court enhanced the compensation from Rs.1,05,000/- to Rs.8,00,000/- along with interest and costs. 2.

Mr.Terry Chellaraja, learned counsel appearing for the appellant would submit that the Tribunal regarding the order of this court has stated the respondent-insurance company already paid the entire compensation amount of Rs.8,00,000/- along with interest and costs to the appellant before the High Court.

3.

The fact is that the respondent-insurance company already deposited a sum of Rs.1,05,000/- along with interest and costs as per the award passed by the Tribunal, before the Tribunal itself and the balance amount was paid before this Court to the appellant and the amount lying in the Tribunal is required to be paid to the claimant, he submits. 4.

Mrs.Harini, learned counsel for the second respondent also supports the contention of the learned counsel appearing for the appellant. 5.

Therefore, it is made clear that the total amount of compensation awarded by this Court is Rs.8,00,000/- along with interest and costs. Rs.1,05,000/- along with interest and costs already is deposited by the second respondent before the Tribuna. Moreover, before this Court, the second

respondent already tendered bankers cheques for a sum of Rs.6,95,000/- and Rs.1,90,743/- drawn in favour of the appellant being the enhanced award amount and the same was accepted by the appellant. 6.

Therefore, what is required to be paid to the appellant is that the amount lying in the Tribunal viz. Rs.1,05,000/- along with interest and cost deposited by the insurance company and the Tribunal is directed to pay the said amount within two weeks from the date of the receipt of a copy of the order. 7.

The order is clarified accordingly.

5.02.2016 vk

N.KIRUBAKARAN.J, vk C.M.A.No.830 of 2015 5.02.2015