The Branch Manager v. Salamma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN C.M.A.No.1633 of 2020 The Branch Manager, M/s. National Insurance Co. Ltd., 3rd Floor, Anuradha complex, Bangalore Road, Krishnagiri Post, Krishnagiri Taluk and District.

.. .Appellant/2ND Respondent Vs.

1. Salamma ..1st Respondent/ Petitioner

2. Ramesh ...2nd Respondent/2nd Respondent Prayer: This Civil Miscellaneous Appeal filed against the Judgment and Decree dated 07.11.2019 made in M.C.O.P.No.201 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri.

Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the order of the Lower court and upon hearing the arguments of Mr.S. Arunkumar,Advocate for the Appellant and of Mr.Mr.N.

Vijayabaskar, Advocate for the First respondent and the second Respondent Not appearing either in person or by an Advocate and this Court while allowing this Civil Miscellaneous Appeal in part by modifying the award of the Tribunal,doth order and decree as follows:

i)that the award passed by the Tribunal below be and hereby is reduced from Rs.10,14,808/-(Rs.Ten Lakhs Fourteen Thousand Eight Hundred and Eight Only) to Rs.5,00,000/-(Rs.Five Lakhs Only).

ii)taht the 2nd respondent 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 eight weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.201 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri.

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iii)that On such deposit being made, the Tribunal be and hereby is directed to transfer the Award amount directly to the Bank account of the 1st Respondent herein/Claimant through RTGS, within a period of two weeks.

iv)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri.

+1 cc to Mr.S.Arun Kumar, Advocate Sr.NO. 41341 DATED:18.08.2021 DECREE C.M.A.No.1633 of 2020 Partly allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 07.11.2019 made in M.C.O.P.No.201 of 2018 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Krishnagiri etc as stated within.

SS (CO) A.SK(01/04/2022) https://hcservices.ecourts.gov.in/hcservices/