The New India Assurance Company Ltd v. S.Usha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.1479 of 2020 The New India Assurance Company Limited, Thimiri Micro Office No.34/A, Nehru bazaar Thirmiri, Arcot Taluk, Vellore District.

... Appellant/2nd Respondent Vs.

1.S.Usha 2.R.Raja 3.V.Sathiyavani 4.B.Lakshmi ... Respondents 1 to 4/Petitioners 1 to 4 5.K.R.Sasidharan (5th Respondent remained exparte before the Tribunal and hence, notice to R5 is dispensed with) .. 5th Respondent/1st Respondent Prayer: Appeal against the Order of the Motor Accident Claims Tribunal, II Additional District Court, Vellore at Ranipet, dated 09.12.2019 and made in M.C.O.P.No.204 of 2017. Decree : This Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in the case and upon hearing the arguments of Mr.R.Sivakumar Advocate for the Appellant and of Mr.C.Premkumar Advocate for the first Respondent steps not hearing been taken to serve the notice to the Respondents 2 to 4 herein and the fifth respondents herein having remained set exparte before the tribunal this Court while allowing the Civil Miscellaneous Appeal in part and in modification of the decree of the tribunal below doth order and decree as follows:

(i) That the award of compensation passed by the Motor Accident Claims Tribunal, II Additional District Court, Vellore at Ranipet, dated 09.12.2019 and made in M.C.O.P.No.204 of 2017 be and hereby is reduced from Rs.17,67,800/- (Rupees Seventeen Lakhs Sixty Seven Thousand and Eight Hundred only) to Rs.16,87,800/- (Rupees Sixteen Lakhs Eighty Seven Thousand and Eight Hundred only)together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. (ii)That the Appellant herein/Insurance Company be and hereby is directed to deposit the award amount now determined by this Court along with interest and costs less the amount already deposited if any, within a period of Six(6) weeks from the date of receipt of a copy of this judgment.

(iii)That on such deposit being made, the respondents 1 to 4 herein the Claimants 1 to 4 be and hereby are permitted to withdraw their respective share of the award amount now determined by this Court, as per the apportionment made by the Tribunal, along with proportionate interest and costs, after adjusting the amount if any, already withdrawn. (iv) That the Appellant herein/Insurance Company be and hereby is permitted to withdraw the excess amount lying in the deposit to the credit of M.C.O.P.No.204 of 2017 on the file of Motor Accident Claims Tribunal, II Additional District Court, Vellore at Ranipet, if any already deposited by them. (v) That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The II Additional District Judge Motor Accident Claims Tribunal Vellore at Ranipet.

Copy to:

The Section Officer VR Section High Court, Madras.

+1CC to Mr.R.Sivakumar, Advocate, Sr.No.10343 +1CC to Mr.C.Premkumar, Advocate, Sr.No.10431

Dated : 19.02.2021 DECREE C.M.A.No.1479 of 2020 Allowing the Civil Miscellaneous Appeal in part is preferred against the award and decree of the Motor Accident Claims Tribunal, II Additional District Court, Vellore at Ranipet, dated 09.12.2019 and made in M.C.O.P.No.204 of 2017 etc as stated within.

VBM (CO) K.RK. (22.07.2021)