United India Insurance Co. Ltd v. M.Kokila
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twenty Seventh day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and CROSS OBJ(MD) No.49 of 2009 UNITED INDIA INSURANCE CO. LTD., TD JEEVA JOTHI BUILDINGS SALAI ROAD, DINDIGUL.
... Appellant / 2nd Respondent .Vs.
1 M.KOKILA W/O.A.MANOHAR @ A.MANOHARAN, NOW G/O., KALYANASUNDARAM, THERASA NAGAR, THERASA, SCHOOL NEAR, PASUPATHIPALAYAM POST, KARUR, DISTRICT..
2 M.DAYANTH S/O.A.MANOHAR @ A.MANOHARAN, (2nd Res. Discharged from the guardianship vide order dt.21,12,2011) 3 ADAIKKAN S/O.VEERAPPA GOUNDER, THERASA NAGAR,, THERASA SCHOOL NEAR, PASUPATHIPALAYAM POST,, KARUR DISTRICT..
4 SRI M.GANDHI S/O.MUTHUKRISHNAN, 1/11-A, EDYAPPATTI,, AMMAYANAICKANUR POST, NILAKOTTAI, DINDIGUL, DISTRICT. (EX-PARTE IN THE LOWER COURT).
... Respondents / Respondents Prayer in CMA(MD) No.243 of 2008 Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accident Claims Tribunal, District Judge, Karur made in MCOP No.317 of 2005 dt.27.06.2007.
CROSS OBJ(MD). No.49 of 2009 1 M.KOKILA W/O.A.MANOHAR @ A.MANOHARAN, NOW G/O., KALYANASUNDARAM, THERASA NAGAR, THERASA, SCHOOL NEAR, PASUPATHIPALAYAM POST, KARUR DISTRICT 2 M.DAYANTH S/O.A.MANOHAR @ A.MANOHARAN, (2nd Res. Discharged from the guiardianship vide order dt.21,12,2011) 3 ADAIKKAN S/O.VEERAPPA GOUNDER, THERASA NAGAR,, THERASA SCHOOL NEAR, PASUPATHIPALAYAM POST,, KARUR DISTRICT.
...
Cross Objectors /Respondents 1 to 3 .. Vs..
1. UNITED INDIA INSURANCE CO. LTD., JEEVA JOTHI BUILDINGS SALAI ROAD , DINDIGUL. ... 1st Respondent / Appellant
2. GANDHI (2ND RESPONDENT EXPARTE IN LOWER COURT) ...
2nd Respondent / 4th Respondent Prayer in CROSS OBJ(MD)No.49 of 2009 Cross Objection filed under Order XLI, Rule 22 R/w Sect 96
(1) & 2 of C.P.C., preferred against the award of the Motor Accident Claims Tribunal, District Judge, Karur made in MCOP No.317 of 2005 dt.27.06.2007.
DECREE:- This Civil Miscellaneous Appeal and Cross Objection 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.N.MURUGESAN, Advocate for the Appellant and the first respondent in Cross Objection and of MR.V.BALAJI, Advocate for the Respondent Nos.1 to 3 in Appeal and Advocate for the cross objectors, this court modifying the award of the Tribunal and dismissing the appeal and allowing the Cross Objection, and this Court doth order and decree as follows:-
(1) That the award passed by the Motor Accident Claims Tribunal, District Judge, Karur passed in MCOP No.317 of 2005 dated 27.06.2007, be and hereby is modified.
(2) That the award of the Tribunal be and hereby is enhanced from Rs.12,72,000/- to Rs.16,00,000/- (Rupees Sixteen Lakhs only) along with interest at the rate of 7.5% p.a.
(3) That the Appellant / Insurance Company be and hereby is directed to deposit the modified award amount along with interest and costs, less already deposited, within a period of sixteen weeks from the date of receipt of a copy of this Judgment.
(4) That on such deposit, the claimants be and hereby are entitled to withdraw the amount as apportioned by the Tribunal and
(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) To THE DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL.
KARUR.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies + 1 cc to Mr.N.Murugesan, Advocate in SR23224/ 2020 ORDER DATED : 27/11/2020 D E C R E E AND CROSS OBJ(MD) No.49 of 2009 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal and allowing the Cross Objection preferred against the award of the Motor Accident Claims Tribunal, District Judge,Karur in MCOP No.317 of 2005 dated 27.06.2007 KMK(CO) KK(21.01.2021) 3P 5C