Themanager v. Velayutham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT:

THE HON'BLE MS.JUSTICE V.M.VELUMANI C.M.A.NO.3077 OF 2019 The Manager Reliance General Insurance Co. Ltd.

6th floor, Reliance House Haddows road, Nungambakkam Chennai-6.

..Appellant / 2nd Respondent Vs 1.Velayutham ..1st Respondent / Petitioner 2.M.Rajesh ..2nd Respondent / 1st Respondent Prayer: Appeal against the order of the Motor Accident Claims Tribunal, Special Sub Court, Tirupattur dated 14.12.2018 and made in M.C.O.P.No.320 of 2014.

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 Mrs.C.Bhuvanasundari Advocate for the Appellant and of Mr.V.kumaravelan Advocate for the First Respondent and Second Respondent having remained exparte before the tribunal this court doth order and decree as follows:

(i) That the compensation awarded by the tribunal for a sum of Rs.26,500/- (Rupees twenty six thousand five hundred only) to the 1st Respondent herein / claimant along with interest and costs be and hereby is confirmed. And this Civil Miscellaneous is dismissed.

(ii) That the appellant herein / Insurance Company be and hereby is directed to deposit a sum of Rs.10,600/- (Rupees ten thousand six hundred only) being 40% of the compensation awarded by the Tribunal 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 the First Respondent herein / Claimant be and hereby is not entitled to any interest for the default period from 19/08/2016 to 20/09/2016.

(iv) That on such deposit being made the 1st respondent/ Claimant is permitted to withdraw the amount awarded by the Tribunal along with interest and costs, less the amount if any, already withdrawn.

(v) That there is no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar kj To The Motor Accidents Claims Tribunal Special Subordinate Judge Tiruppattur.

Dated: 11/02/2021 DECREE C.M.A.NO.3077 OF 2019 Dismissing the Civil Miscellaneous Appeal is preferred against the award and decree of the Motor Accident Claims Tribunal, Special sub Court, Tirupattur, dated 14.12.2018 made in MCOP.No.320 of 2014 etc as stated within.

VBM(CO) SB(07/09/2021)