The Oriental Insurance Company v. Sumathi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of December Two Thousand Fifteen PRESENT THE HON`BLE MR.JUSTICE T.MATHIVANAN CMA(MD) No.884 of 2015 The Oriental Insurance Company Limited, Rep. By its Branch Manager, Sri Vijay Complex 2nd Floor, Theni Town,Theni Taluk, Theni District.
.. Appellant/2nd Respondent Vs.
1.Sumathi 2.Sivaneshkumar 3.Minor Sivabhuvanadevi ..1st to 3rd Respondents/1st to 3rd Petitioners (3rd Respondent rep.by her mother and next friend, 1st Respondent Sumathi) 4.K.Ravi ..4th Respondent/1st Respondent (4th Respondent remained exparte Before the lower Court) Appeal against the Judgment and Decree of the Motor Accidents Claims Tribunal cum Sub Judge, Uthamapalayam dated 13/04/2015 and made in M.C.O.P.No.36 of 2013 DECREE : This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the order of the Lower Court, Material records of this case and upon hearing the arguments of the Appellant and of Mr.A.Haja Mohideen, Advocate for the Respondent 1 to 3 and the 4th Respondent not appeared either in person or through this counsel, this court whole disposing this Appeal with Partial Modification of the award of the Tribunal below, doth order and decree as follows ;-
1) That the Respondents 1 to 3 herein /Claimants be and hereby are entitled to get a sum of Rs.16,69,368/- (Rupees Sixteen Lakhs Sixty nine thousand three hundred and sixty eight only) after deducting a sum of Rs.1,00,000/- (Rupees One Lakh only) from the total amount ;
2) That the Appellant herein/Insurance Company be and hereby is directed to deposit the entire amount of Rs.16,69,368/- less the amount, if any already deposited, with interest at the rate of 7.5% perannum from the date of claim petition Till the date of deposit https://hcservices.ecourts.gov.in/hcservices/
within a period of four weeks from the date of receipt of a copy of this Judgment;
3) That on such deposit being made, the Respondents 1 to 3 herein/Claimants are entitled to withdraw the entire amount with accrued interest and costs as per the ratio allotted by the Tribunal;
4) That there be no costs in this Civil Miscellaneous Appeal. sd/- 15/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM SUBORDINATE JUDGE UTHAMAPALAYAM +1CC to Mr.K.Bhaskaran Advocate Sr.No.71782 +1CC to Mr.A.Haja Mohideen Advocate Sr.No.71749 Copy to :
The Section Officer, VR Section, Madurai Bench of Madras High court, Madurai.
GJM/NGM/SS/SAR-II-8.1.16-2p-5C DATED : 15/12/2015 DECREE IN CMA(MD) No.884 of 2015 Nature of the DECREE Disposing the Appeal with Modification preferred against the decree and Judgment dated 13/04/2015 made in M.c.O.P.No.36 of 2013 on the file of the Motor Accidents Claims Tribunal cum Sub Judge, Uthamapalayam, etc., as stated within.
https://hcservices.ecourts.gov.in/hcservices/