Madras High CourtCMA(MD)/856/2015dismissed

The Branch Manager, v. Selvam,

2017-10-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.856 of 2015 and MP(MD)No.2 of 2015 The Branch Manager, M/s.Oriental Insurance Company Limited, Dr.No.555/1, 1st Floor, Maria Joseph Building, Government Hospital Road, Theni Town, Theni Taluk, Theni District.

... Appellant/Respondent Vs.

Selvam ... Respondent/Petitioner Prayer: This Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree order made in MCOP.No.81 of 2010, dated 12.03.2012 on the file of the Motor Accidents Claims Tribunal, Sub Court, Uthamapalayam.

For Appellant : Mr.C.Ramachandran For Respondent : No appearance.

JUDGMENT

Oriental Insurance Company Limited has filed this appeal questioning the award dated 12.03.2012 made in MCOP.No.81 of 2010 on the file of Motor Accident Claims Tribunal, Sub Court, Uthamapalayam.

2.The respondent was riding his motor cycle on 25.02.2007 when it was involved in an accident. The vehicle bearing Registration No. TN 60 X 3886 was registered with the appellant insurance company. The claimant had paid extra premium and therefore the appellant was obliged to pay him compensation. 3.The Tribunal by the impugned award directed the appellant to pay a sum of Rs.35,000/- with interest at the rate of 7.5% per annum. The claimant had suffered 15% disability. The impugned award cannot be said to be excessive. There is no merit in this appeal.

https://hcservices.ecourts.gov.in/hcservices/ 4.Therefore, this appeal is dismissed. The appellant is directed to deposit the entire compensation amount with accrued

interest and costs as awarded by the Tribunal within a period eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CRL. SIDE) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Motor Accident Claims Tribunal, Uthamapalayam. Copy to:

Mr.Selvam, S/o.Vennimalai Thevar, Door No.120, Ward No.12, North Ratha Veethi, Uthamapalayam Town, Uthamapalayam Taluk, Theni District.

+1cc to Mr.C.RAMACHANDRAN Advocate in SR. No. 84052 SKM JS/GT/SAR.1/15.11.2017/2P-4C C.M.A.(MD)No.856 of 2015 and MP(MD)No.2 of 2015 26.10.2017 https://hcservices.ecourts.gov.in/hcservices/