Madras High CourtCMA(MD)/811/2016allowed

The Manager, v. M.Uma W/O.Moorthy (Late)

2017-11-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Eighth day of November Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CMA(MD)No.811 of 2016 The Manager, The National Insurance Company Ltd, Thanjavur.

... Appellant/2nd Respondent Vs.

1.M.Uma 2.M.Prasad 3.M.Priyanga

...Respondents 1 to 3/Petitioners 1 to 3

4.Kamalakannan ...4th Respondent/1st Respondent.

Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award passed by the I Additional District Judge, (PCR),Motor Accidents Claims Tribunal, Thanjavur, dated 22.01.2016 made in MCOP.No.138 of 2015. DECREE: This Civil Miscellaneous Appeal is coming on for hearing on this day, upon perusing the grounds of Appeal, award of the Tribunal below and the material papers of the Appeal and upon hearing the arguments of Mr.A.S.Mathialagan, Advocate for the Appellant and Mr.N.Sudhagar Nagaraj, Advocate for the Respondents 1 to 3 and the 4th Respondent having not appeared either in person or by an Advocate and in pursuance of the submissions made by both sides that the admitted liability amount of the Appellant herein/Insurance Company has already been deposited before the Tribunal and the same has already been withdrawn by the Respondents herein and this Court while allowing the Appeal, doth order and decree as follows:

1.That, the award of compensation passed by the 1st Additional District Judge(PCR),Thanjavur dated 22.01.2016 made in MCOP No. 138 of 2015 be and hereby is modified by reducing the award amount from Rs.19,46,000/- to a sum of Rs.12,00,500(Rupees Twelve Lakhs and Five Hundred Only) and 2.That, there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(RTI) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The I Additional District Judge, (PCR), Motor Accidents Claims Tribunal, Thanjavur Copy to:

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.A.S.Mathialagan, Advocate, SR.No. 90160 +1CC to Mr.N.Sudhagar Nagaraj, Advocate, SR.No. 90305 DATED : 28.11.2017 DECREE CMA(MD)No.811 of 2016 Allowing the appeal preferred against the award passed by the 1st Additional District Judge(PCR), Motor Accident Claims Tribunal, Thanjavur dated 22.01.2016 made in MCOP No. 138 of 2015 and etc.

as stated within.

AM/JC/SAR 3/20.12.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/