Madras High CourtCMA(MD)/84/2010partly allowed

The Branch Manager v. V.Rajendran

2021-02-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of February Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.84 of 2010 THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE COMPANY LIMITED, 74A, SALAI ROAD, TRICHY-10, TRICHY DISTRICT.

... Appellant / 2nd Respondent Vs 1 V.RAJENDRAN ... Respondent No.1 / Claimant 2 N.SENTHILKUMAR ... Respondent No.2 / Respondent No.1 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Tiruchirappalli, dated 11.08.2009 made in MCOP No.2072 of 2004.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this day, 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.B.RAJESH SARAVANAN, Advocate for the Appellant and of MR.R.SUNDAR, Advocate for the 1st Respondent, this Court while allowing this appeal in part with the modification of award amount awarded by the Tribunal doth order and decree as follows:-

(1) That the award amount of Rs.1,35,500/-(Rs.One Lakh Thirty Five Thousand and Five Hundred only) passed by the Tribunal below be and hereby is reduced to Rs.1,10,000/-(Rupees One Lakh and Ten Thousand only).

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the entire amount awarded herewith, together with interest and costs, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the 1st Respondent /claimant shall withdraw the modified award amount so deposited, together with the interest and costs accrued thereon, less the amount already withdrawn, after filling necessary application before the Tribunal.

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(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal, III Additional Subordinate Judge, Tiruchirappalli.

Copy to:

The Record Keeper V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.B.RAJESH SARAVANAN, Advocate ( SR-5073 dated 15/02/2021 ) ORDER DATED : 12/02/2021 ========================== DECREE ========================== CMA(MD). No.84 of 2010 Nature of Decree:-Allowing the Civil Miscellaneous Appeal in part preferred against the judgment and decree of theMotor Accident Claims Tribunal, III Additional Subordinate Judge, Tiruchirappalli, dated 11.08.2009 made in MCOP No.2072 of 2004, etc as stated within.

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