Kanagammal v. Shree Vedika

CMA(MD) NO.533 OF 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON`BLE MRS.JUSTICE R.THARANI CMA(MD) NO.533 OF 2014 KANAGAMMAL W/O. VENKATACHALAPATHY, SIVAN KOIL NORTH CAR STREET, PALAYAMKOTTAI.

... APPELLANT Vs 1 SHREE VEDIKA 2 THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, NO.1548, TENKASI ROAD, RAJAPALAYAM - 626 117. 3 SENGOTTUVEL 4 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED, NO.74-A, PARAMATHY ROAD, NAMAKKAL - 637 001.

... RESPONDENTS PRAYER:

This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to enhance the award amount in M.C.O.P.No.351 of 2012 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court), Tirunelveli dated 20.12.2013.

DECREE: This Civil Miscellaneous Appeal having come up for final hearing on the fifth day of October two thousand and twenty one 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. T.SELVAKUMARAN, ADVOCATE For the Appellant and MR.C.KARTHIK, Advocate for the 2nd Respondent MR.D.SIVARAMAN, Advocate for the 4th Respondent (*)and the Appellant having paid the sufficient Court fee for the enhanced amount this court having stood over for consideration till this date, while partly allowing this appeal, doth order and decree as follows:

1. That the second respondent / Insurance company be and hereby is directed to deposit Rs.,3,14,000/-(Rupees Three lakhs fourteen Thousand only) with the interest at the rate of 7.5% from the date of claim petition till the date of realization with cost and the amount if not deposited earlier (*)shall be deposited within a period of 8 weeks from the date of receipt of copy of this decree.

2. That on such deposit being made, the appellant shall withdraw the award amount with interest after deducting any amount received by the appellant herein earlier;

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CMA(MD) NO.533 OF 2014

3. that the claimant/appellant herein is not entitled for interest for the default period, if there is any; and

4. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) (*)Amended Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO (*)To be Substituted the order already despatched on 07.02.2022 THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI. COPY TO:

1.THE SUB ASSISTANT REGISTRAR(AE) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 COPIES) 1CC TO M/S.T.SELVAKUMARAN, ADVOCATE 34353 1CC TO MR.D.SIVARAMAN,ADVOCATE SR 34393 ORDER DATE:11/11/2021 ================================ D E C R E E ================================ CMA(MD)No.533 OF 2014 NATURE OF DECREE: Partly allowing the Civil Miscellaneous Appeal preferred against to set aside the award and decree made M.C.O.P.No.351 of 2012 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court), Tirunelveli dated 20.12.2013 etc, as stated within.

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