M/S.Reliance General Insurance v. Tmt.Jeyanthi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP C.M.A.Nos.1884 of 2018 M/s.Reliance General Insurance Company Limited, Chennai .

... Appellant /3rd Respondent vs 1.Jeyanthi W/o.Kuppusamy ...1st Respondent/Petitioner 2.Sambasivarao S/o.Anjaiah 3.Venkateswararao S/o.Balaiah ... Respondents 2 & 3/ Respondents 1 & 2 Prayer: Civil Miscellaneous Appeals filed u/s.173 of the Motor Vehicles Act, 1988, against the award and decree dated 22.08.2017 passed in M.C.O.P.Nos.494 of 2011 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Tiruppur.

Decree: This Civil Miscellaneous Appeal coming up for heairng 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.M.B.Raghavan, for M/s.M.B.Gopalan Associates, Advocate for the Appelalnt and of Mr.G.Balasubrmaniam, Advocate for the 1st Respondent and the 2nd and 3rd Respondents having been sex 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:

1.that the compensation awarded by the Tribunal be and hereby is reduced to Rs.5,00,000/-(Rupees Five lakhs only)from Rs.6,83,500/-(Tribunal award) together with interest and costs;

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

of deposit as ordered by the Tribunal.

3.That the Appellant/Insurance Company be and hereby is directed to deposit the reduced award amount now determined by this Court along with interest and costs, less the amount already deposited if any, within a period of 4(four) weeks from the date of receipt of a copy of this Judgment, to the credit of MCOP.No.494 of 2011;

4.that on such deposit being made, the 1st Respondent/Claimant be and hereby is permitted to withdraw the award amount along with interest and costs, less the amount if any already withdrawn by filing necessary application before the Tribunal and 5.that there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar gm To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Tiruppur.

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

C.M.A.Nos.1884 of 2018 Nature of Decree: Partly allowing the Civil Miscellaneous Appeal preferred against the judgment and Decree dated 22/08/2017 made in MCOP.No.494 of 2011 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Tiruppur, etc., as stated therein.

NRL(CO) CB(07/09/2021)