National Insurance Company v. Balasubramanian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Eleventh day of July Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.354 of 2016 NATIONAL INSURANCE COMPANY LTD. THROUGH ITS DIVISIONAL MANAGER, 37-C S.N.HIGH ROAD, TIRUNELVELI. ...Appellant/2nd Respondent Vs.

1.BALASUBRAMANIAN, ...1st Respondent/Petitioner 2.MEHALINGAM, ...2nd Respondent/1st Respondent Prayer: This Civil Miscellaneous Appeal filed Under Section 173 of Motor Vehicle Act,1988, against the Judgment and decree dated 27.04.2015, passed in M.C.O.P.No.487 of 2014 by the Motor Accident Claims Tribunal/Special Subordinate Judge, Tirunelveli. Decree: This Civil Miscellaneous Appeal coming on this day, upon perusing the grounds of Appeal, the Judgment and Decree of the Lower Court and the material Papers in this appeal and upon hearing the arguments of Mr.J.S.Murali, Advocate for the Appellant and of Mr.T.Selvakumaran, Advocate for the respondent No.1 and the 2nd respondent has not appeared either in person or through an Advocate, this Court, while allowing this appeal, in part, doth order and decree as follows:- 1.

that the Judgment and decree dated 27.04.2015, passed in M.C.O.P.No.487 of 2014 by the Motor Accident Claims Tribunal / Special Subordinate Judge, Tirunelveli., be and hereby is reduced from Rs.

2.that the Appellant/Insurance Company be and hereby is directed to deposit the entire compensation award amount of Rs.20,00,000/-(Rupees Twenty Lakhs Only) towards compensation with interest at 7.5% per annum from the date of claim petition till the date of deposit, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this Judgment.

https://hcservices.ecourts.gov.in/hcservices/ 3.That on such deposit the 1st Respondent/Claimant be and

hereby is permitted to withdraw the same with accrued interest and costs, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal.

4.that if the entire compensation awarded by the tribunal, has already been deposited, then the appellant/Insurance Company be and hereby is at liberty to withdraw the excess amount; 5.that the Civil Miscellaneous Appeal be and hereby is allowed in part;

6.that there be no costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-IV) To The Special Subordinate Judge, Motor Accident Claims Tribunal, Tirunelveli.

Copy to The Record Keeper, VR.Section, Madurai Bench Of Madras High Court, Madurai.(2Copies) +1CC to Mr.J.S.Murali, Advocate in SR.No.72476. +1CC to Mr.T.Selvakumaran, Advocate in SR.No.72444. Dated :11.07.2018 Decree CMA(MD) No.354 of 2016 Partly Allowing this Civil Miscellaneous Appeal by reducing the award passed by the MACT/Special Subordinate Judge, Tirunelveli in M.C.O.P.No.487 of dated 27.04.2015.

DS/RP/SAR-4 :09.08.2018: 2P/6C https://hcservices.ecourts.gov.in/hcservices/