Madras High CourtCMA(MD)/525/2008dismissed

The Oriental Insurance Co. v. Ramasamy Reddiar

2019-11-13Honourable Mr Justice Krishnan Ramasamy2 pages

C.M.A.(MD)No.525 of 2008 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CMA(MD)No.525 of 2008 and M.P.(MD)No.1 of 2008

1. The Oriental Insurance Company Ltd., Through its Divisional manager, 6-A, North Cotton Street, Thoothukudi.

..1st Appellant / 2nd Respondent

2. The Oriental Insurance Company Ltd., 248/12-A, S.N.High Road, Tirunelveli.

... 2nd Appellant / 4th Respondent versus

1. Ramasamy Reddiar ..1st Respondent / Petitioner

2. M/s.Nila Sea Foods (P) Ltd., 2/137, Puthur Pandiapuram, Thoothukudi.

(R2 remained ex parte before the Tribunal) ... 2nd Respondent / 1 st Respondent Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 28.11.2007 made in M.C.O.P.No.1497 of 2004, on the file of the Motor Accident Claims Tribunal cum Additional District Court (FTC-I), Tirunelveli.

For Appellants :

Mr.K.Bhaskaran For R1 :

Mr.V.karthikeyan

JUDGMENT

Challenging the quantum of compensation awarded by the Tribunal in M.C.O.P.No.1497 of 2004, the Insurance Company has filed the present Civil Miscellaneous Appeal.

2. Today, when the appeal came up for hearing, the learned counsel appearing for the appellant submitted that the present appeal has been filed challenging the quantum of compensation. However, the learned counsel submitted that considering the fact that cost of living has been increasing day-by-day, as of now, the award passed by the Tribunal seems to be reasonable and hence, the compensation awarded by the Tribunal may be confirmed.

3. In view of the submission made by the learned counsel https://hcservices.ecourts.gov.in/hcservices/ 1/4

C.M.A.(MD)No.525 of 2008 appearing for the appellant, the award dated 28.11.2007 made in M.C.O.P.No.1497 of 2004, on the file of the Motor Accident Claims Tribunal cum Additional District Court (FTC-I), Tirunelveli, is hereby confirmed and the Civil Miscellaneous Appeal is dismissed accordingly.

4. The Insurance Company is directed to deposit the entire award amount along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal shall transfer the same directly to the claimant's Bank Account through RTGS, within a period of three weeks thereafter. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ogy To 1.

The Additional District Judge,(FTC-I), Motor Accident Claims Tribunal Tirunelveli.

Copy to: The Section Officer, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai +1 CC to M/s.V.PERUMAL, Advocate ( SR-98371[F] dated 14/11/2019 ) C.M.A.(MD)No.525 of 2008 13.11.2019 SMA/06/02/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/4