The New India Assurance Co.Ltd vs Kanniammal
2021 Latest Caselaw 9163 Mad

                                                                         C.M.A.No.483 of 2019

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 07.04.2021

                                                   CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                           C.M.A.No.483 of 2019
                                                   and
                                           C.M.P.No.1704 of 2019

                 The New India Assurance Co.Ltd,
                 Arni.                                                   ... Appellant

                                                     Vs.

                 1.Kanniammal
                 2.Subburaya Mudaliar
                 3.Syed Athanullah                                       ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 05.04.2005
                 made in M.C.O.P.No.254 of 2004, on the file of the Motor Accidents
                 Claims Tribunal, Fast Track Court No.I at Tindivanam.

                                       For Appellant   : Mr.S.Umapathy
                                       For Respondents : Mr.T.Dhanyakumar
                                                         for R1 and R2
                                                         No appearance for R3

                                                JUDGMENT

The appellant is aggrieved by the impugned Judgment and decree

dated 05.04.2005 passed by the Motor Accidents Claims Tribunal, Fast

Track Court No.I at Tindivanam.

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2.Since the amount awarded by the Tribunal is only Rs.1,19,700/-

to the parents of the deceased in a fatal accident resulting the death of the

deceased aged about 35 years, the award amount passed by the Tribunal,

is hereby liable to be confirmed and the present appeal is liable to be

dismissed. There is no merits in this appeal.

3.The appellant/Insurance Company is therefore directed to

deposit the compensation awarded by the Tribunal, together with interest

at 7.5% per annum from the date of numbering 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 a copy of this Judgment.

4.On such deposit being made by the appellant/Insurance

Company, the 1st respondent/claimant is permitted to withdraw the same

together with interest accrued thereon, less any amount already

withdrawn in the same proportion as was ordered by the Tribunal.

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5.Accordingly, this Civil Miscellaneous Appeal is dismissed. No

costs. Consequently, connected Miscellaneous Petition is closed.

07.04.2021 jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Motor Accidents Claims Tribunal, Fast Track Court No.I at Tindivanam.

2.The V.R.Section, Madras High Court, Madras.

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C.SARAVANAN, J.

jas

C.M.A.No.483 of 2019 and C.M.P.No.1704 of 2019

07.04.2021

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