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Madras High CourtCMA(MD)/1071/2018partly allowed

Subbiah @ Selvamani, v. Ayyappan,

2019-10-01Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD)No.1071 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY CMA(MD)No.1071 of 2018

1. Subbiah @ Selvamani

2. Poovammal ... Appellants/Petitioners versus

1. Ayyappan

2. Shri Ram General Insurance Co. Ltd., Through its Branch Manager, No.8, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan

3. Lawrence Livingston

4. United India Insurance Co. Ltd., Through its Branch Manager, Robin Complex, II Floor, Nagercoil Road, Monday Market - 629 802.

... Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and Decree dated 31.01.2013 made in M.C.O.P.No.726 of 2012 on the file of the Motor Accident Claims Tribunal (4th Additional District Court), Tirunelveli. For Appellants:

Mr.T.Selvakumaran For R2 :

Mr.D.Sivaraman For R4 :

Mr.C.Jawahar Ravindran

JUDGMENT

This Civil Miscellaneous Appeal has been filed by the claimants, challenging the Judgment and decree dated 31.01.2013, made in M.C.O.P.No.726 of 2012 on the file of the Motor Accident Claims Tribunal (4th Additional District Court), Tirunelveli.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the second respondent submitted that the second respondent has agreed to pay the compensation of Rs.1,40,000/- (Rupees one lakh forty thousand only) in addition to the compensation of Rs.2,00,000/- as already awarded by the Tribunal. The same was also agreed by the learned counsel appearing for the appellants.

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CMA(MD)No.1071 of 2018

3. Recording the said submission, the Civil Miscellaneous Appeal is partly allowed, by enhancing the compensation of Rs.1,40,000/- in addition to the compensation already awarded by the Tribunal, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. The claimants/appellants are entitled to the compensation as per the apportionment made by the Tribunal.

4. The second respondent/Shri Ram General Insurance Co. Ltd. is directed to deposit the entire award amount along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, less the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer their respective share amounts to the claimants' Bank Account directly through RTGS, within a period of three weeks thereafter. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) ogy To The IV Additional District Judge, Motor Accident Claims Tribunal , Tirunelveli.

Copy to The Section Officer,-2 copies VR Section Madurai Bench of Madras High Court, Madurai +1 CC to MR.T. SELVAKUMARAN, Advocate ( SR-90974[F] dated 03/10/2019 ) CMA(MD)No.1071 of 2018 01.10.2019 KM/(26.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2