The Branch Manager v. Kannappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA The Branch Manager Shriram General Insurance Co. Ltd., Branch Office, Opp. To CSI Church, Denkanikottai Main Road, Hosur - 635 109.

...Petitioner

Vs.

1.Kannappan 2.Kannamma 3.Arumugam

...Respondents

Prayer: Review Application is filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, to review the order dated 28.03.2022 passed in CMA.No.109 of 2022.

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For Petitioner :

Mr. S.Dhakshinamoorthy For Respondents :

Mr. S.P.Yuvaraj 1 & 2 For Respondent 3:

No Appearance.

O R D E R

The learned counsel for the respondents have no objection for the review application being ordered. Admittedly it is only a question of the enactment under which compensation has to be calculated. Admittedly, it has to be on the basis of the provisions of the Employees Compensation Act. Therefore, the order of the Tribunal is modified to the extent of the compensation payable.

2. The petitioner / Insurance company shall pay a sum of Rs.8,90,480/- together with 12% p.a., 30 days from the date of the accident till the date of payment.

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3. The Review Application is allowed. No costs. 17.02.2025 Index : Yes/No Internet : Yes/No kan To, Motor Accident Claims Tribunal (Additional District Court) Hosur.

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P.T. ASHA, J, kan 17.02.2025 4/4