Madras High CourtCMA(MD)/640/2020partly allowed

Legal Manager v. Abirami

2021-11-10Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Tenth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD) No.640 of 2020 LEGAL MANAGER RELAINCE GENERAL INSURANCE COMPANY LIMITED., PLA KANGU TOWERS, 2ND FLOOR, 15-A, THILLAI NAGAR, TIRUCHY.

...Appellant/2nd Respondent Vs 1 ABIRAMI ... 1st Respondent/Petitioner 2 M. MANOKARAN 3 PERUMAL THANIKUDI (DIED) ...Respondent 2/Respondent 3/Respondent 1&3 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the judgment and decree dated 03.07.2017 passed in M.C.O.P.No.1 of 2016 on the file of the learned Additional District Judge of Paramakudi.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Monday the fourth day of October two thousand and twenty one and 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.V.Sakthivel, Advocate for the Appeallant and Mr.D.Senthil, Advocate for first respondent and Mr.Senthil Iyyanar, Advocate for the third respondent, and stood over for consideration till this day, this Court doth order and decree as follows:- 1.That the award amount of Rs.16,36,560/- (Rupees sixteen lakhs thirty six thousand five hundred and sixty only) granted by the Additional District Judge of Paramakudi, be and hereby reduced to Rs.15,80,112/-(Rupees fifteen lakhs eighty thousand one hundred and twelve only) https://hcservices.ecourts.gov.in/hcservices/ 2.That for the other aspects, the order dated 03.07.2017 passed by the Additional District Judge, Paramakudi, made M.C.O.P.No.1 of

2016, be and hereby is confirmed and the Civil Miscellaneous Appeal be and hereby is partly allowed, and 3.That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Additional District Judge, Motor Accident Claims Tribunal, Paramakudi.

Copy to The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/S.D.SENTHIL, Advocate (SR-34135 dated 11/11/2021) +1 CC to M/S.V.SAKTHIVEL, Advocate (SR-34138 dated 11/11/2021) ORDERS RESERVED : 04.10.2021 ORDERS DELIVERED : 10.11.2021 ============================= DECREE ============================= CMA(MD)No.640 of 2020 Nature of Decree:- Partly allowed the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal, dated 03.07.2017 passed by Additional District Judge of Paramakudi, made in M.C.O.P.No.1 of 2016, etc, as stated therein.

RK(07/12/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/