Madras High CourtCMA(MD)/73/2013partly allowed

Minor.Santhanakrishnan v. Govindarajan

2021-06-08Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of June Two Thousand Twenty One PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.73 of 2013 MINOR.SANTHANAKRISHNAN, REPRESENTED THROUGH HIS FATHER AND NEXT FRIEND RAVI ... Appellant/Petitioner Vs 1 GOVINDARAJAN 2 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., WORKSHOP ROAD, MADURAI - 1.

3 THE CORRESPONDENT, BATRAKALIAMMAN METRIC SECONDARY SCHOOL, PALAMEDU POST, VADIPATTI TALUK, MADURAI DISTRICT.

4 THE RELIANCE GENERAL INSURANCE, THROUGH ITS BRANCH MANAGER, 1ST FLOOR, HIG-55, ANNA NAGAR, MADURAI. ... Respondents 1 to 4/ Respondents 1 to 4 (3rd and 4th Respondent given up before the lower court) Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award passed by the Motor Accident Claims Tribunal (II Additional Sub Court), Madurai, in MCOP No.325 of 2010, dated 27.09.2012.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Wednesday, Twenty Fourth day of February Two Thousand and Twenty One, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of , Non appearance of Advocate for the Appellant and of MR.K.BHASKARAN, Advocate for the respondent-2, while allowing the appeal in part and modifying the award passed by the Tribunal below, having stood over for consideration till this date, this Court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/

(1) That the award of the Tribunal be and hereby is enhanced from Rs.79,693 (Rupees Seventy Nine Thousand Six Hundred and Ninty Three

Only) to Rs.1,39,693/-(Rupees One Lakh Thirty Nine Thousand Six Hundred and Ninty Three Only);

(2) That the interest at the rate of 7.5% per annum awarded by the tribunal is maintained;

(3) That the 2nd respondent/Insurance Company be and hereby is directed to deposit the modified award amount together with accrued interest and costs, less the amount already deposited, within a period of six weeks from the date of receipt of copy of this judgment.

(4) On such Compliance, the same shall be deposited in any one of the nationalized bank till the Appellant/minor claimant attains majority;

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

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.BHASKARAN, Advocate ( SR-19070 dated 09/06/2021 ) ORDER DATED : 08/06/2021 ========================== DECREE ========================== CMA(MD). No.73 of 2013 Nature of Decree:- Partly allowing the Civil Miscellaneous Appeal preferred against the award passed by the Motor Accident Claims Tribunal (II Additional Sub Court), Madurai, in MCOP No.325 of 2010, dated 27.09.2012 etc., stated within.

KB(25.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/