Madras High CourtCMA(MD)/779/2016partly allowed

United India Insurance Co.Ltd. v. Manjula,

2021-06-09Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CMA(MD). No.779 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Ninth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.779 of 2016 UNITED INDIA INSURANCE CO.LIMITED, THROUGH ITS DIVISIONAL MANAGER, NAMAKKAL 637 001.

...Appellant/2nd Respondent Vs

1. MANJULA

2. MINOR.TULAZHI LAKSHMI

3. MINOR.SELVAGANESH (Minor Respondents 2 and 3 are represented through their mother and next friend, the 1st respondent herein)

4. PAVUNTHAI ... Respondents 1 to 4/Petitioners

5. S.JEYABAL (R5 EXPARTE IN TRIBUNAL: NOTICE DISPENSED WITH) ... 5th Respondent/1st Respondent PRAYER :- Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award passed by the Motor Accident Claims Tribunal (I Additional Disgtrict and Sessions Court,) Tirunelveli, in MCOP NO.281 of 2014, dated 19/06/2015. DECREE:- This Civil Miscellaneous Appeal having came up for final hearing on 5th March 2021 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. J.S. Murali, Advocate for the Appellant, Mr. T. Selvakumaran, Advocate for the 1 to 4 Respondents, and 5th Respondent Ex-parte in the Tribunal, and having stood over for consideration till this day,and while allowing this Appeal in part this court doth order and decree as follows:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.779 of 2016

1) That the interest awarded by the tribunal be and hereby is reduced to 7.5% p.a., and in other aspects, the findings of the Tribunal is confirmed; and 2)That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TO Motor Accident Claims Tribunal, The I Additional District and Sessions Judge, Tirunelveli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai(2C) +1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-19138 dated 10/06/2021 ) +1 CC to M/s.J.S.MURALI, Advocate ( SR-19190 dated 11/06/2021 ) ORDER DATED : 09/06/2021 ========================== DECREE ========================== CMA(MD). No.779 of 2016 Nature of Decree:- Partly Allowed the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal, The I Additional District and Sessions Court), Tirunelveli, made in MCOP. NO.281 of 2014, dated 19/06/2015 etc., as stated within.

KK(30.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2