Madras High Court
M/S.The New India Assurance vs Mekala on 11 January, 2022
C.R.P.(NPD)No.1372 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(NPD)No.1372 of 2016
and C.M.P.No.7653 of 2016
M/s.The New India Assurance
Company Limited
Motor III party claims office
No.45, Moore street
Chennai-600 001. .. Petitioner
Vs.
1.Mekala
2.M.Malathi .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, against the order dated 26.02.2016 made in
E.P.No.46 of 2015 in M.C.O.P.No.318 of 2005 on the file of the Motor
Accident Claims Tribunal, III Additional District and Sessions Court,
Poonamallee.
For Petitioner : Mrs.R.Sree Vidhya
For R1 : Ms.Ramya S.
for Mr.J.Mahalingam
ORDER
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C.R.P.(NPD)No.1372 of 2016
(The matter is heard through “Video-conferencing”)
The Civil Revision Petition is filed by the Insurance Company
challenging the order dated 26.02.2016 made in E.P.No.46 of 2015 in
M.C.O.P.No.318 of 2005 on the file of the Motor Accident Claims
Tribunal, III Additional District and Sessions Court, Poonamallee,
directing the petitioner/Insurance Company to pay a sum of
Rs.5,87,081.50 to the 1st respondent/claimant.
2.The learned counsel appearing for the petitioner/Insurance
Company contended that the order passed by the learned Judge is
non-speaking order and the Tribunal has not given any calculation and
reason based on which, a sum of Rs.5,87,081.50 was arrived. The
petitioner deposited various amounts as per the award of the Tribunal as
well as the order of this Court. The amounts so deposited must be given
credit to either principal amount or counter-interest awarded for the
amount deposited by the petitioner/Insurance Company and prayed for
setting aside the order of the Executing Court and for allowing the Civil
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1372 of 2016
Revision Petition.
3.Per contra, the learned counsel appearing for the 1st respondent
contended that the learned Judge considering the award of the Tribunal,
the judgments of this Court as well as the Hon'ble Apex Court, passed
order directing the petitioner/Insurance Company to pay the balance
amount awarded, which is in order and valid. There is no error in the said
order of the learned Judge and prayed for dismissal of the Civil Revision
Petition.
4.The 2nd respondent, owner of the vehicle remained exparte before
the Tribunal and hence, notice to the 2nd respondent is dispensed with.
5.Heard the learned counsel appearing for the petitioner as well as
the learned counsel appearing for the 1st respondent and perused the
entire materials on record.
6.From the materials on record, it is seen that based on the claim of
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1372 of 2016
the respondents in M.C.O.P., finally a sum of Rs.30,93,000/- together
with interest at 9% per annum was awarded by the Hon'ble Apex Court to
the 1st respondent by the order dated 25.04.2014. Pending C.M.A. and
S.L.P., the petitioner has deposited the following amounts on the dates
mentioned therein:
Date Amount
13.07.2007 Rs.7,45,778.00
08.01.2013 Rs.15,95,966.00
The petitioner/Insurance Company calculated interest at the rate of 9%
per annum on Rs.30,93,000/- (compensation awarded by the Hon'ble
Supreme Court) up to the last date of deposit by the petitioner, added the
same to the principal amount and deducted the amounts deposited by the
petitioner from the total amount. The 1st respondent also calculated in
similar manner and arrived at Rs.5,40,002.50 payable by the petitioner.
However, in E.P.No.46 of 2015, the 1st respondent has claimed a sum of
Rs.8,77,435.88 as balance amount payable to her by the
petitioner/Insurance Company.
7.From the order of the learned Judge, it is seen that the learned
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C.R.P.(NPD)No.1372 of 2016
Judge has not given any details as to how he has arrived Rs.5,87,081.50.
In view of non-speaking order, the impugned order of the learned Judge
dated 26.02.2016 made in E.P.No.46 of 2015 in M.C.O.P.No.318 of 2005
is liable to be set aside and is hereby set aside. The said E.P. is remanded
to the Executing Court for fresh consideration. It is open to the petitioner
and respondents to file memo of calculation before the Executing Court.
8.With the above directions, the Civil Revision Petition stands
allowed. No costs. Consequently, connected Miscellaneous Petition is
closed.
11.01.2022
Index : Yes/No
Internet: Yes/No
kj
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.1372 of 2016
V.M.VELUMANI,J.
Kj
To
III Additional District and Sessions Judge
Motor Accident Claims Tribunal
Poonamallee.
C.R.P.(NPD)No.1372 of 2016
and C.M.P.No.7653 of 2016
11.01.2022
https://www.mhc.tn.gov.in/judis
