Madras High CourtCMA(MD)/797/2013partly allowed

M/S.Cholamandalam Ms General v. M.Sayeeraman

2021-09-20Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.797 of 2013 M/s.Cholamandalam MS General Insurance Co, Ltd., Regional Office, 2nd Floor, City Centre, TTK Road, Alwarpet, Chennai 600 018.

... Appellant/Respondent Vs M.SAYEERAMAN ... Respondent/Petitioner 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, (District Court), Karur, dated 02/11/2011 passed in MCOP NO.23 of 2006.

DECREE:- This Civil Miscellaneous Appeal having came up for final hearing on 26th August 2021, 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. S. SRINIVASA RAGHAVAN, Advocate for the appeallant and there was no appearance for the respondent having stood over for consideration till this day, while partly allowing this appeal this Court doth order and decree as follows:-

(1) That the compensation awarded by the tribunal be and hereby is reduced from Rs.1,54,000/- to Rs.1,44,000/-.

(2) That the Appellant be and hereby is directed to deposit Rs.1,44,000(Rupees One Lakh and Fourty Four Thousand only), with 7.5% interest from date of the claim petition till the date of realization and the amount if not deposited earlier has to be deposited within a period of 8 weeks from the date of receipt of copy of this order.

(3) That on such deposit, the respondent is permitted to withdraw the award amount with proportionate interest after deducting any amount received by him earlier.

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(4) That the excess amount, if any deposited shall be refunded to the appellant.

(5) That the respondent is not entitled for any interest for the default period, if there be any

(6) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accidents Claims Tribunal, The District Judge, Karur.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-29625 dated 20/09/2021 ) ORDER DATED : 20/09/2021 ========================== DECREE ========================== CMA(MD). No.797 of 2013 Nature of Decree:- Partly Allowed the Civil Miscellaneous Appeal in preferred against the judgment and decree dated 02/11/2011 passed in MCOP NO.23 of 2006 on the file of the Motor Accidents Claims Tribunal, District Court, Karur etc., as stated within.

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