Madras High Court
M/S.Bharti Axa General Insurance ... vs Radha on 20 April, 2021
C.M.A.No.3214 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3214 of 2019
and
C.M.P.No.18332 of 2019
M/s.Bharti AXA General Insurance Co, Ltd,
Having issuing office at 1st floor,
Ferns Icon, Survey No.28,
Doddenekkundi Village, Off Outer Ring Road,
Bangalore, Karnataka State – 560 037.
Having Branch Office at
Divya Trade Centre, 1st Floor,
No.11, Brindhavan Road, Fair Lands,
Salem – 636 016. ... Appellant
Vs.
1.Radha
2.Chittammal
3.C.Kalaiyarasi ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the fair and decreetal order dated 10.01.2019
made in M.C.O.P.No.2508 of 2016, on the file of the Motor Accidents
Claims Tribunal, Special District Court, Salem.
For Appellant : Mr.S.Arunkumar
For Respondents : No appearance
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https://www.mhc.tn.gov.in/judis/
Page No 1 of 4
C.M.A.No.3214 of 2019
JUDGMENT
The Insurance Company is the appellant in this appeal and is
aggreived by the quantum of compensation awarded by the claimants
who are the aged mother of the wife of the deceased. The deceased was
aged about 54 years and was said to be an Ex-service Man and was
working as a Agriculturist and had claimed a monthly Income at
Rs.25,000/- per month. The Tribunal after consisting the evidence on
record as considered a Notional Income of Rs.16,000/- to arrive at the
compensation and has deducted 15% towards Contributory Negligence.
2.Though notice has been served on the claimants and their name
is printed in the cause list and there is no representation on behalf of the
respondents. Hence, this appeal is taken up for final disposal.
3.Heard the learned counsel for the appellant perused the
impugned judgment and decreeand the deposition recorded before the
Tribunal.
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Page No 2 of 4
C.M.A.No.3214 of 2019
4.I am of the view, the Tribunal has come to a fair conclusion to
award a just compensation for a sum of Rs.11,70,590/- after deducting
15% towards contributory negligence. Thus, the impugned award passed
by the Tribunal is confirmed and the appeal filed by the
Appellant/Insurance Company is dismissed.
5.The appellant/Insurance Company is directed to deposit the
compensation awarded by the Tribunal, together with interest at 7.5%
per annum from the date of the claim petition till the date of such
deposit, less any amount already deposited by it, within a period of six
weeks from the date of receipt of the copy of this Judgment.
6.On such deposit, the 1st respondent/claimant is entitled to
withdraw her amount together with interest as directed by the Tribunal,
by filing suitable application before Tribunal.
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https://www.mhc.tn.gov.in/judis/
Page No 3 of 4
C.M.A.No.3214 of 2019
C.SARAVANAN, J.
jas
7.This Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
20.04.2021
jas
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
To:
1.The Motor Accidents Claims Tribunal,
Special District Court, Salem.
2.The V.R.Section,
Madras High Court, Madras.
C.M.A.No.3214 of 2019
20.04.2021
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https://www.mhc.tn.gov.in/judis/
Page No 4 of 4
