Ellammai v. J Charles

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.748 of 2014 Ellammal .. Appellant/Petitioner Vs 1.J.Charles 2.The Manager, National Insurance Co. Ltd., No.751, Anna Salai, III rd floor, Chennai 600 002.

3.Muthu .....Respondents/Respondents Prayer: Appeal against the Order of the Motor Accident Claims Tribunal Additional District Court(Fast Track Court No.II) Chennai, dated 26/11/2009 and made in MCOP.No.5136 of 2003. Decree: This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the Judgment and decree of the Lower Court, and the material records in this case and upon hearing the arguments of Mr.Amar D.Pandiya Advocate for the Appellant herein and of Mr.Krishnamoorthy Advocate for the Second Respondent herein and the first respondent herein not appeared either in person or by an advocate and third Respondent herein having been reported as "dead", and steps not having been taken to bring on LR's of the deceased third respondent, this Court while allowing the Civil Miscellaneous Appeal in part and in modification of the award of the tribunal below, doth order and decree as follows:

1.that the Respondents 1 and 3 herein/Owners of the auto do pay the compensation as awarded by the tribunal on the file of the Motor Accident Claims Tribunal Additional District Court(Fast

Track Court NO.II) Chennai dated 26/11/2003 and made in MCOP.No.5136/2003 to the Appellant herein/Claimant a sum of Rs.5,000/-(Rupees Five thousand only)together with interest at the rate of 7.5% per annum from the date of filing of the Appeal dated 27.02.2014 till the date of deposit, along with interest and costs within a period of eight(8) weeks from the date of receipt of a copy of this judgment to the credit of MCOP.No.5136 of 2003.

2.That on such deposit being made, the tribunal be and hereby is directed to disburse the same to the Appellant herein/Claimant in proportionate to the compensation as awarded to her. 3.That the Appellant herein/Claimant be and hereby are permitted to withdraw their share of the award amount, along with proportionate interest and costs, as per the apportionment fixed by the Tribunal, after adjusting the amount, if any already withdrawn, by filing necessary applications before the tribunal. 4.That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar To 1.The Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.II, Chennai.

Copy to:

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

+1cc to Mr.M.Selvam, Advocate SR.No. 63644

Order Dated:03/12/2021 C.M.A.No.748 of 2014 Nature of the DECREE: Allowing the Civil Miscellaneous Appeal in part is preferred against the judgment and decree on the file of the Motor Accident Claims Tribunal, Additional District Court(Fast Track Court NO.II) Chennai dated 26/11/2009 made in MCOP.No.5136/2003 etc., as stated within.

VBM(CO) CB(09/03/2022)