The Divisional Manager v. N. Selvamohan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.135 of 2011 and Cross Objection(MD).No.16 of 2011 THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, 708, THENKASI ROAD, RAJAPALAYAM. ... Appellant in CMA/2nd Respondent in CrossObjection/2nd Respondent in MCOP -Vs- 1 N. SELVAMOHAN ... 1stRespondent in CMA/Cross Objector/Claimant 2 B. VENKATESWARAN ... 2nd Respondent in CMA/1st Respondent in Cross Objection/1st Respondent in MCOP Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against and Cross Objection filed under Order 41 Rule 22 r/w Section 96 of the C.P.C to allow the fair and decreetal order dated 25.02.2010 made in M.C.O.P.No.28 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Virudhunagar.
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.S.SRINIVASA RAGHAVAN, Advocate for the Appellant in CMA and for 2nd Respondent in Cross Objection and of MR.D.NALLATHAMBI, Advocate for the 1st Respondent in CMA and for Objector for Cross Objection, this Court while Allowing the Civil Miscellaneous Appeal in Part and Dismissing the Cross Objection and in modification of the award amount and in taking into consideration that the Counsel for the Appellant in the Civil Miscellaneous Appeal represents that the Appellant herein/Insurance company has deposited 50% of the award amount, doth order and decree as follows:-
(1) That, the Compensation awarded dated 25.02.2010 made in M.C.O.P.No.28 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Virudhunagar be and hereby is reduced to Rs.3,50,000/-(Rupees, Three Lakhs and Fifty Thousand only) instead of Rs.6,75,000/- as awarded by the Tribunal below;
(2) That on such deposit being made, the 1st Repondent herein CMA/Claiment be and are hereby permitted to withdraw the modified compensation along with interest at 7.5% and the excess amount, if https://hcservices.ecourts.gov.in/hcservices/
any, shall be returned to the Appellant herein/Insurance Company; and
(3) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal, Subordinate Court, Virudhunagar.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-16205 dated 17/04/2021 ) +1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-16223 dated 17/04/2021 ) ORDER DATED : 16/04/2021 ========================== DECREE ========================== CMA(MD). No.135 of 2011 and Cross Objection(MD)16/2011 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against and Dismissing the Cross Objection preferring to allow the fair and decreetal order dated 25.02.2010 made in M.C.O.P.No.28 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Virudhunagar, as stated with in.
KB(09.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/