Madras High CourtCMA(MD)/1145/2015disposed of

National Insurance Co.Ltd., v. L. Paulraj

2015-12-22Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Ramasubramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of December Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice V.RAMASUBRAMANIAN and The Hon`ble Mr.Justice N.KIRUBAKARAN CMA(MD) No.1145 of 2015 & Cross Objection No. 35 of 2015 M/s.National Insurance Company Ltd., Tuticorin,having branch Office at North Car Street,Near Head Post Office, Agastheeswaram Taluk, Nagercoil,Kanyakumari District, Rep.by its Branch Manager ... Appellant In CMA(MD)No.1145/2015 and 1st Respondent in Cross Objection 35/2015 Vs 1.L.Paulraj ...1st Respondent in CMA(MD)No.1145/2015 and Cross objector in Cross Objection 35/2015 2.Babu

3. Saravanan ..Respondents 2 & 3 in CMA(MD)No.1145/2015 and Cross Objection 35/2015 Appeal against the order of the Court of the Motor Accident claims Tribunal (II Additional Sub Court) Nagercoil, dated 4/10/2014 and made in M.C.O.P.No.212/2009.

DECREE : This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Tribunal and the Material Papers in this case, and also this matter having been listed on Wednesday the 6th day of January 2016 under the caption "for passing further Orders", and upon hearing the arguments of Mr.S.Srinivasa Raghavan, Advocate for the Appellant in CMA(MD) No.1145/2015 and for the first respondent in Cross Objection No.35/2015 and Mr.M.P.Senthil Advocate for the Ist Respondent in CMA (MD)No.1145/2015 and for the Cross Objector in Cross Objection No.35/2015 and the 2 & 3 respondents herein not appearing in person or by Advocate in CMA(MD)No.1145/2015 and the court observing that the counsel for the Appellant having been deposited the award amount in the Indian Bank, High Court Branch Madurai and FDR in also issued for the deposited Amount and the Court while allowing this Cross Objection doth Order and Decree or follows :-

1) That the Civil Miscellaneous Appeal is dismissed.

2) That the Appellant herein/Insurance Company do pay to the First respondent/Claimants a sum of Rs.35,00,000/- (Rupees Thirty five lakhs only) as total compensation together with interest at the rate of 8% p.a instead of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) as awarded by the Tribunal below.

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3) That the Appellant herein/Insurance Company be and hereby is directed to deposit the entire award amount passed by this Court and less already deposited within a period of eight weeks from the date of receipt of copy of this order.

4) That on such deposit as mentioned in clause(3)supra the first Respondent/Claimant be and hereby is entitled to withdraw the entire award amount as awarded by the tribunal below.

5) That the Branch Manager, Indian Bank, High Court Branch, Madurai be and hereby is directed to discharge the FDR and pay the Amount to the Insurance Company and the same shall be deposited before the tribunal within a period of two weeks from the date of receipt of a copy of this order :

6) That the Appellant herein/Insurance Company be and hereby is directed to deposit the enhanced compensation amount within a period of four weeks in M.C.O.P.NO.212/2009 on the file of the Motor Accident Claims Tribunal (II Additional Sub-Court) Nagercoil.

7) That there be no costs in this Appeal.

sd/- Assistant Registrar (CS-I) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL TRIBUNAL (II ADDITIONAL SUBORDINATE JUDGE) NAGERCOIL.

Copy To : 1. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

2. The Branch Manager, Indian Bank, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.S.Srinivasa Raghavan Advocate Sr.No.1550 +1CC to Mr.P.Senthil advocate Sr.No.957 GJM/NGM/MP/SAR-I-2.6.16-2p-6C DATED : 22/12/2015 & 6.01.2016 DECREE IN CMA(MD) No.1145 of 2015 and Cross Objection 35 of 2015 Nature of Decree : Dismissing the Appeal against the award passed in M.C.O.P.No.212.2009 dated 14.10.2014 on the file of the Motor Accident Claims Tribunal (II Additional Sub Court) Nagercoil, etc., as stated within.

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