Seethalakshmi v. Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Civil Miscellaneous Appeal No. 978 of 2016

1. Seethalakshmi

2. Muthu Kumar

3. Sujithra .. Appellants/Petitioners

Versus

1. Sathish

2. The Divisional Manager The New India Assurance Company Limited No.1, Officers Line Vellore

3. S. Jayaraman

4. The Branch Manager The Oriental Insurance Company Limited No.75, Krishnan Street Thiruvannamalai Town .. Respondents/Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and Decree dated 30.10.2015 made in MCOP No. 455 of 2011 on the file of Motor Accident Claims Subordinate Judge, Tiruvannamalai, Tiruvannamalai District.

Decree : This Civil Miscellaneous Appeal coming on for hearing 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. S. Silambu Selvan, Advocate for the Appellant and Mr. J. Chandran, for the Second Respondent herein and Mr. K. Vinod, Advocate for the 4th Respondent herein wherein Respondents 1 & 3 having remain set exparte in lower Court itself and Court vide allowing the CMA doth order and decree as follows:

1) that the judgment and decree dated 30.10.2015 made in MCOP No.455/2011, on the file of the Motor Accident Claims Subordinate Judge, Tiruvannamalai, Tiruvannamalai be and hereby is setaside;

2) that the Appellant herein/Claimant be and hereby are entitled for a sum of Rs.7,76,000/-(Rupees Seven lakhs Seventy six thousand only) as total compensation awarded by the Court.

3) that out of the total Compensation the Appellants herein/Claimants are entitled only for a sum of Rs.3,10,400/- (Rupees Three lakhs Ten Thousand Four Hundred only) (i.e.being 40% of the contributory negligence fixed on the part of the driver of the lorry.

4) that the Appellants herein/Claimants are not entitled for the remaining 60% of the compensation amount which were fixed on the part of the driver of the Car.

5) that the 2nd Respondent herien/New India Assurance Company is not required to pay any amount as compensation to the appellants herein/Claimants.

6) that the 4th Respondent herien/Oriental Insurance Company do pay to the Appellant herein/Claimant for a sum of Rs.3,10,400 (Rupees Three lakhs Ten Thousand Four Hundred only) as total compensation together with interst at the rate of 7.5% per annum from the date of filing of the claim petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this judgment.

7) that on such deposit the Appellant herein/Claimant be and hereby are permitted to withdraw the entire compensation amount with accrued interest.

8) that the Appellants herein/claimants be and hereby are entitled to equal share in the Compensation amount with interest.

9) that there be no cost sin this Appeal.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar

To The Motor Accident Claims Tribunal, Principal Subordinate Judge, Tiruvannamalai, Tiruvannamalai District.

Copy To The Section Officer, V.R. Section, High Court, Madras. +2 Copies +1cc to Mr.Elveera Ravindran, Advocate SR.No.30444 DATED : 18/09/2020 DECREE :

CMA No.978 of 2016 Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 30.10.2015 made in MCOP No. 455 of 2011 on the file of Motor Accident Claims Subordinate Judge, Tiruvannamalai, Tiruvannamalai District, etc., as stated therein.

SRA(CO) GMY(17/08/2021)