Madras High CourtCMA(MD)/595/2013partly allowed

G.Vimala, v. M/S/National Insurance Co.Ltd.

2021-03-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of March Two Thousand and Twenty One PRESENT:

The Hon'ble Mrs.Justice T.KRISHNAVALLI CMA(MD)No.595 of 2013 1.Tmt.G.VIMALA 2.Mr.T.S.GANESAN ... Appellants/Petitioners. Vs

1. THE DIVISIONAL MANAGER, M/S.NATIONAL INSURANCE CO., LTD., DIVISIONAL OFFICE, NORTH VELI STREET, MADURAI-625 001.

...1st Respondent/2nd Respondent.

2. Mr.A.LOGIRAJAN ...2nd Respondent/1st Respondent.

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award dated 30.10.2009 made in M.C.O.P. No.2049 of 2006 on the file of the Motor Accident Claims Tribunal (I Additional District Court), Madurai. DECREE:-This Civil Miscellaneous Appeal coming on for 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.V.SAKTHIVEL FOR MR.K.SEKAR, Advocate for the Appellant and of MR.D.SIVARAMAN, Advocate for the 1st Respondent and None appeared either in Person or by an Advocate for the Second Respondent, this Court while allowing the appeal in part doth order and decree as follows:-

(1) That, the award dated 30.10.2009 in M.C.O.P. No.2049 of 2006 passed by the Motor Accident Claims Tribunal (I Additional District Court), Madurai, be and hereby is enhanced from Rs.2,03,000/- to Rs.5,00,000/- (Rupees five lakhs only);

(2) That the 1st Respondent Insurance Company be and hereby is directed to pay the entire modified amount to the Claimants together with interest @ 7.5% per annum from the date of petition till the date of deposit,less the amount already paid, within a period of Six weeks from the date of receipt of copy of this Order;

(3) that the appellants herein/claimants shall pay additional court fee for the enhanced amount;

(4) that on such compliance, the Claimants be and hereby are entitled to withdraw their award amount of Rs.2,50,000/- each with accrued interest and costs and https://hcservices.ecourts.gov.in/hcservices/

(5) that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal (I Additional District Court), Madurai.

Copy to: 1.The Section Officer,V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies) 2.The SAR(AE)Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.K.SEKAR, Advocate ( SR-14325 dated 30/03/2021 ) ORDER DATED : 30/03/2021 ========================== DECREE ========================== CMA(MD)No.595 of 2013 Allowing the Appeal in part preferred against the award dated 30.10.2009 made in M.C.O.P. No.2049 of 2006 on the file of the Motor Accident Claims Tribunal (I Additional District Court), Madurai and etc., as stated within.

KB(28.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/