Madras High CourtCMA(MD)/1104/2018partly allowed

National Insurance Company Ltd v. S.Rajasingh,

2018-12-03Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Tenth day of December Two Thousand Eighteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMA(MD). No.1104 of 2018 NATIONAL INSURANCE COMPANY LTD THROUGH ITS BRANCH MANAGER MELA PERIA COTTON ROAD THOOTHUKUDI.

... Appellant(s) Vs 1 S.RAJASINGH, S/O.SUBRAMANIAN, D.NO.1/413, SHANTHI NAGAR, BEEGI NAGAR, VEERAPANDIAPATTINAM, TIRUCHENDUR TK, THOOTHUKUDI DT.

2 A.PONRAJ, S/O.ARUNACHALA NADAR, NO.43, LAKSHMI AMMAN KOVIL ST, ARUMUGANERI, TIRUCHENDUR TK.

3 A.SENTHIL, S/O.ANTHONY, NO.17A3, POOVARASUR, THERKKU ST, ARUMUGANERI, TIRUCHENDUR TK.

... Respondent(s) Prayer:- Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act, 1988, preferred against the judgment and decree of the FTC-I/DISTRICT JUDGE,TUTICORIN, dated 05/05/2009 made in M.C.O.P.80/2008.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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.S.SRINIVASA RAGHAVAN, Advocate for the Appeallant and of MR.S.KADARKARAI, Advocate for the first and second and third respondent not appeared either in person or by an Advocate, while modifying the award of the tribunal party allowing the Appeal and doth order and decree as follows:-

(1) that the amount awarded by the Tribunal is reduced from Rs.6,19,760/- to Rs.5,19,760/-(Rupees Five Lakhs Nineteen Thousand Seven Hundred and Sixty only);

(2) That the Appeallant is directed to deposit the modified compensation of Rs.5,19,760/- with 8.5% interest per annum from the date of claim till the date of deposit, less the amount already deposited if any, to the credit of the claim petition within a period of four weeks from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the first respondent/the claimant is permitted to withdraw the same without filing formal permission petition before the Tribunal.

(4) That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar TO THE DISTRICT JUDGE, FTC-I, TUTICORIN Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-100824)

ORDER DATED : 10/12/2018 ========================== DECREE ========================== CMA(MD). No.1104 of 2018 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the FTC-I/DISTRICT JUDGE, TUTICORIN, dated 05/05/2009 made in M.C.O.P.80/2008.

ES/27.02.2019/3P/5C