Preetha v. M. Vasanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL C.M.A.No.2914 of 2014 Preetha ..Appellant/Claimant Vs.

1.M.Vasanthi (r1 remained exparte the Tribunal hence his presence may be dispensed with) 2.National Insurance Company Limited Division Office-IX, Leather Centre, No.53, Raja Muthiah Road, Periamet, Chennai.

..Respondents/Respondents Prayer: Appeal against the Judgment and Decree dated 21.08.2013 and made in M.C.O.P.No.3515 of 2010 on the file of Motor Accidents Claims Tribunal, Special Sub Judge-II, Chennai. DECREE:

This Appeal coming on for hearing on Friday, the thirtieth day of July two thousand and twenty one upon perusing the grounds of Appeal, the order of the Lower Court and the material papers in this case and upon hearing the arguments of Mr.Terry Chella Raja, Advocate for the Appellant and of Mrs.R.Sree Vidhya, Advocate for the second respondent and first respondent having remained exparte before the Tribunal and having stood over for consideration till this day, this court while allowing in part and in modification of the award of the Tribunal, doth order and decree as follows;

1. That the award passed by the Tribunal be and hereby is enhanced to Rs.7,29,440/- (Rupees Seven Lakhs Twenty Nine Thousand Four Hundred and Forty only) from Rs.5,40,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit.

2. That The second respondent herein/Insurance Company be and hereby is directed to deposit the enhanced award amount, with interest and costs, less the amount already deposited, if

any, within a period of six weeks from the date of receipt of a copy of this order.

3. That on such deposit being made, the appellant herein/ claimant be and hereby is permitted to withdraw the award amount now determined by this Court, along with interest and costs, less the amount if any, already withdrawn by making necessary applications before the Tribunal.

4. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mpa To 1.The Motor Accidents Claims Tribunal, Special Sub Judge-II, Chennai.

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

+1cc to M/s.R.Sree Vidhya, Advocate Sr No.50926 +1cc to M/s.M.Malar, Advocate Sr No.50782 Date : 30.09.2021 DECREE:

C.M.A.No.2914 of 2014 Partly allowing this Appeal preferred against the Judgment and Decree dated 21.08.2013 made in M.C.O.P.No.3515 of 2010 on the file of the Motor Accidents Claims Tribunal, Special Sub Judge-II, Chennai etc. as stated within.

NMI (CO) PR (24/11/2021)