National Insurance Co.Ltd v. S.Krishnan
CMA(MD).No.256 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Eleventh day of January Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CMA(MD).No.256 of 2010 The National Insurance Company Limited, Rep., by its Branch Manager, Branch Office at Nagercoil, Nagercoil Village, Agateeswaram Taluk, Kanniyakumari District.
... Appellant/3rd Respondent Vs 1.S.Krishnan 2.K.Thangam
...Respondents 1 & 2/Petitioners
3.P.Sasi @ Antony Thasan 4.P.Murugan
...Respondents 3 & 4/Respondents 1 & 2
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the Award and ex-order dated 06.02.2009 made in M.C.O.P.No.37 of 2007 on the file of the Motor Accidents Claims Tribunal, District Court, Kanniyakumari District @ Nagercoil.
DECREE:- This Civil Miscellaneous Appeal coming for hearing on this date, upon perusing the Grounds of Appeal, the Award of the Motor Accidents Claims Tribunal, District Court, Kanniyakumari District @ Nagercoil and the material records of this case and upon hearing the arguments of M/s.S.Srinivasa Ragavan, Advocate for the Appellant and of M/s.N.Dilip Kumar, Advocate for the 1st and 2nd Respondents and the Third and Fourth Respondents having not appeared either in person or by an Advocate this Court while Partly allowing the Appeal, doth order and decree as follows:-
(1) That the award of the Motor Accidents Claims Tribunal, District Court, Kanniyakumari District @ Nagercoil made in M.C.O.P.No.37 of 2007 be and hereby is enhanced from Rs.2,55,000/- (Rupees two lakhs and fifty five thousand only) to Rs.3,26,000/-(Rupees Three Lakhs and Twenty Six thousand only);
(2)That the Appellant/Insurance Company be and hereby is directed to deposit the enhanced amount of Rs.3,26,000/-(Rupees three lakhs twenty six thousand only) together with interest at 7.5% as awarded by the Tribunal within a period of two months from the date of receipt of copy of this order;
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CMA(MD).No.256 of 2010
(3) That the Appellant/Insurance Company be and hereby is permitted to recover the award amount from the fourth respondent/owner through EP Proceedings;
(4) That the Claimants/Respondents 1 and 2 herein be and hereby are awarded equal share.
(5)That on such deposit being made, the Claimants/Respondents 1 and 2 herein shall withdraw the amount equally; (6)That there be no costs in this Appeal.
Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) To.
The Principal District Judge, Motor Accidents Claims Tribunal, Kanniyakumari District @ Nagercoil 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-879 dated 18/01/2021) +1 CC to M/s.N.Dilip Kumar, Advocate (SR-1010 dated 18/01/2021) ORDER DATED : 11/01/2021 ========================== DECREE ========================== CMA(MD)No.256 of 2010 Nature of Decree:- Partly Allowing the Civil Miscellaneous Appeal preferred against the Judgment and Decree of the Motor Accident Claims Tribunal, District Court, Kanniyakumari District @ Nagercoil dated 06.02.2009 made in MCOP No.37 of 2007 and giving directions etc.
stated therein.
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