Madras High CourtCMA(MD)/1313/2009partly allowed

S.Geetha v. A.Srinivasan

2019-11-14Honourable Mr Justice Krishnan Ramasamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Fourteenth day of November Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.1313 of 2009 S.Geetha ... Appellant/Petitioner - Vs -

1. A.Srinivasan

2. United India Insurance Co., Ltd., Seethalakshmi Complex, Tirunagar, Madurai, Through It Branch Manager.

...Respondent/2nd Respondent

Prayer:-Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated 15.04.2008 made in M.C.O.P.No.1545 of 2002 on the file of the Motor Accidents Claims Tribunal / III Additional District and Sessions Judge, (PCR) Madurai.

DECREE:Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.S.PALANI VELAYUTHAM, Advocate for the Appellant and of Mr.P.JEGANATHAN, Advocate for the respondent, this Court while Allowing the Appeal in Part and modified the enhancing award of the Tribunal from Rs.2,51,000/-(Rupees Two Lakh Fifty One Thousand only) to a sum of Rs.3,98,000/-(Rupees Three Lakh Ninty Eight Thousand Only), doth order and decree as follows:

1 That the 2nd respondent/Insurance Company be and hereby is directed to deposit the entire award amount of Rs.3,98,000/-(Rupees Three Lakh Ninty Eight Thousand Only) together with interest at 7.5% per annum from the date of petition till the date of deposit and cost to the credit of M.C.O.P.No.1545 of 2012 on the file of the Motor Accidents Claims Tribunal / III Additional District and Sessions Judge, (PCR) Madurai, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of copy of this order;

2 That on such deposit, the Tribunal is directed to transfer the same to the Bank account of the appellant's / claimants through RTGS within a period of two weeks, thereafter; 3 That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar () // True Copy // https://hcservices.ecourts.gov.in/hcservices/ / /2020 Sub Assistant Registrar(CS)

TO The MOTOR ACCIDENT CLAIMS TRIBUNAL / III Additional District and Sessions Judge, (PCR) Madurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai (+2 Copies) +1CC TO S.PALANIVELAYUTHAM, ADVOCATE, SR No.98557 ORDER DATED : 14/11/2019 ========================== DECREE ========================== CMA(MD). No.1313 of 2009 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 15.04.2008 made in M.C.O.P.No.1545 of 2002 on the file of the MotorAccidents Claims Tribunal / III Additional District and Sessions Judge, (PCR) Madurai.

VB(10.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/