Madras High CourtCMA(MD)/334/2020partly allowed

Branch Manager, v. Mahalingam

2022-01-31Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.334 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Thirty First day of January, Two Thousand and Twenty Two PRESENT The Honourable Mrs.Justice S.ANANTHI CMA(MD). No.334 of 2020 And CROSS OBJECTION (MD) No.38 of 2021 Branch Manager, IFFCO TOKIO Insurance Company Ltd., 82, Preetham Plaza, First Floor, Ponmeni, Chandragandhi Nagar, Bye-pass Road, Madurai.

... Appellant/Respondent No.1 in Cross Objection Vs

1. Mahalingam ... Respondent No.1/Cross Objector

2. Senthilkumar

3. Jasmine Rose ... Respondents 2 & 3 both in CMA and Cross Objection Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 and the Cross Objection filed Under ORDER 41 Rule 22 of Code of Civil Procedure, preferred against the judgment and decree of the Motor Accident Claims Tribunal / Subordinate Court, Devakottai dated 14.11.2019 made in M.C.O.P. No.90 of 2016. DECREE:- These Civil Miscellaneous Appeal and the Cross Objection came up for final hearing on Monday, the Twenty Fourth day of January, Two Thousand and Twenty Two, upon perusing the grounds of Civil Miscellaneous Appeal and the Cross Objection, the order of the Tribunal and the material papers to the Appeal and the Cross Objection and upon hearing the arguments of V.

SAKTHIVEL, Advocate for the Appeallant in CMA/ first Respondent in Cross Objection and of R.

(1) That the Compensation amout of Rs.6,37,763/- (Rupees Six Lakhs Thirty Seven Thousand Seven Hundred and Sixty Three only) granted under the Award dated 14.11.2019 made in M.C.O.P. No.90 of 2016 on the file of the Motor Accident Claims Tribunal / Subordinate Court, Devakottai be and hereby is enhanced to a sum of Rs.7,12,763/- (Rupees Seven Lakhs Twelve Thousand Seven Hundred and Sixty Three only) with interest at the rate of 7.5 per cent per annum from the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.334 of 2020 date of petition till the date of deposit;

(2) That out of the said modified Award amount, the Appellant/Insurance Company be and hereby is directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh only), and the third Respondent/owner of the vehicle is directed to deposit the remaining amount, within a period of six weeks from the date of receipt of a copy of this judgment;

(3) That the Civil Miscellaneous Appeal be and hereby is dismissed;

(4) And that there be no costs in these Civil Miscellaneous Appeal and the Cross Objection.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Subordinate Judge, The Motor Accident Claims Tribunal (The Subordinate Court), Devakottai.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.V.SAKTHIVEL, Advocate ( SR-3309 dated 01/02/2022 ) ORDER DATED : 31/01/2022 ========================== DECREE ========================== CMA(MD). No.334 of 2020 And CROSS OBJECTION (MD) No.38 of 2021 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal and partly allowing the Cross Objection, preferred against the judgment and decree dated 14.11.2019 made in MCOP No. 90 of 2016 on the file of the Motor Accidents Claims Tribunal/Subordinate Court, Devakottai.

RD(06.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2