The New India Assurance v. Shanmugasundaranathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand and Nineteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM AND The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.547 of 2018 THE NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS MANAGER PERUNTHURAI BRANCH OFFICE V.R.V. COMPLEX 1ST FLOOR BHAVANI MAIN ROAD PERUNTHURAI ERODE DIST. Appellant/2 nd Respondent Vs 1 SHANMUGASUNDARANATHAN 2 MANOHARI 3 SENTHILNATHAN 4 RAJESWARAN ...Respondents 1 to 4/Petitioners 5 RAJESHKUMAR ...5th Respondent/1st Respondent Prayer :- This Civil Miscellaneous Appeal is filed Under Section 173 of the Motor Vehicles Act, 1988, paraying to set aside the Judgment and decree dated 04.12.2017 in M.C.O.P.No.

191 of 2012 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Kulithalai and allow the Appeal with costs and thus render justice. Order: This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and the material papers in this Appeal and upon hearing the arguments of Mr.J.S.Murali, Advocate for the Appellant, and Mr.K.Govindarajan, Advocate for the Respondents R1 to R4, and Dispense with for R5, doth order and decree as follows. 1.that the quantum of compensation awarded by the Tribunal be and hereby is reduced from Rs.44,29,000/- to Rs.23,32,000/-and this civil Miscellaneous Appeal is Partly Allowed. 2.that the appellant herein/Insurance company has already been deposited a sum of Rs.25,00,000/- and the Claimants/Respondents withdrew Rs.

20,00,000/-.

3.that the Claimants be and hereby are permitted to withdraw https://hcservices.ecourts.gov.in/hcservices/

the balance modified award amount, and the Tribunal shall return the excess amount to the appellant if any.

4.that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SUB JUDGE, KULITHALAI +1 CC to M/s.K.GOVINDARAJAN, Advocate,SR-62055 +1 CC to M/s.J.S.MURALI, Advocate,SR-62083 ORDER DATED : 23/04/2019 ========================== DECREE ========================== CMA(MD). No.547 of 2018 PARTLY ALLOWING this CMA(MD).No.547 of 2018 preferred against judgment and decree passed by THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SUB JUDGE, KULITHALAI made in MCOP.191/2012 on 04/12/2017 etc. as stated within.

KK/SAR/24.07.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/