National Insurance Company Ltd v. A. Ranesan

CMA(MD). No.871 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.871 of 2010 and MP(MD) No.2 of 2010 NATIONAL INSURANCE COMPANY LIMITD, THROUGH ITS BRANCH MANAGER NAGERCOIL.

... Appellant / 2nd Respondent Vs 1 A. RANESAN ...1st Respondent/ Petitioner 2 E. VINOJEYANATH ...2nd Respondent/ 1st Respondent 3 TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI DIVISION I) REP.,THROUGH ITS MANAGING DIRECTOR.

...3rd Respondent/ 2nd Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accidents Claims Tribunal, Subordinate Court, Kovilpatti, dated 30.11.2007 made in MCOP No.36/2004.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Wednesday, the Sixteenth day of December Two Thousand and Twenty, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of D.SIVARAMAN, Advocate for the Appellant and of H.ARUMUGAM, Advocate for the 1st Respondent and the respondents 2 & 3 have not been appeared either in person or through an advocate and this court while observing that the respondent/claimant has already been withdrawn Rs.50,000/-(Rupees Fifty Thousand Only)vide order of this Court dated 18.03.2014 passed in MP(MD) No.1 /2013,and allowing this appeal with modification of award amount passed by the Tribunal, having stood over for consideration till this day this Court doth order and decree as follows:-

(1) That the compensation sum of Rs.1,35,0000/- as awarded by the the Tribunal is reduced to a sum of Rs.47,000/- as award herein.

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the award amount of Rs.47,000/-, together with 7.5% https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.871 of 2010 interest and cost less the amount already deposited within a period of 2 months from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the respondent No.1/claiment be and hereby is permitted to withdraw the award amount less the amount already withdrawn.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Sub Court, MOTOR ACCIDENT CLAIMS TRIBUNAl, Kovilpatti.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.M.PRAKASH, Advocate ( SR-1001 dated 18/01/2021 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-979 dated 18/01/2021 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-913 dated 18/01/2021 ) ORDER DATED : 11/01/2021 ========================== DECREE ========================== CMA(MD). No.871 of 2010 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal, Subordinate Court, Kovilpatti, dated 30.11.2007 made in MCOP No.36/2004 TP(CO) TR(16.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2