The Branch Manager vs Rasu
2023 Latest Caselaw 5680 Mad

                                                                                Rev.Aplc(MD)No36 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated       : 07.06.2023

                                                       CORAM

                                  THE HONOURABLE MRS.JUSTICE R.THARANI

                                           Rev.Aplc(MD)No. 36 of 2023
                                                      and
                                            C.M.P.(MD)No.5491 of 2023
                    The Branch Manager,
                    National Insurance Company Ltd.,
                    Office at Sub Collector office Road,
                    Opposite to District Court,
                    Dindigul.                                    ... Petitioner /2nd Respondent
                                                           Vs.
                    1.Rasu
                    2.Murugammal                           ... Respondents 1 & 2 /Appellants 1 & 2
                    3.Ponnusamy                            ... 3rd Respondent / 1st Respondent


                    PRAYER :- Review Application is filed under Order XLVII Rule 1 r/w
                    Section 114 of the Code of Civil Procedure, to review the judgment and
                    decree, dated 19.09.2022, in C.M.A.(MD)No.367 of 2021 passed by this
                    Court.
                                  For Review Petitioner    : Mr.A.S.Mathialgan
                                  For Respondents          : Mr. S.Pugalendhi for R1 and R2
                                                           : No appearance for R3


                    1/6

https://www.mhc.tn.gov.in/judis
                                                                                  Rev.Aplc(MD)No36 of 2023




                                                         ORDER

This Review Application is filed against the judgment passed in

C.M.A.(MD)No.367 of 2021, dated 19.09.2022.

2. On the side of the review petitioner, it is stated that the claim

petition was filed under Section 163-A of the Motor Vehicles Act and the

liability of the Insurance Company was restricted only to Rs.5,00,000/-, but,

the award was passed for a sum of Rs.7,50,400/- and the award to be

restricted to Rs.5,00,000/-

3. On the side of the respondents/ claimants, it is admitted that

the petition was filed only under Section 163-A of the Motor Vehicles Act

and the counsel for the claimants agreed to reduce the compensation to

Rs.5,00,000/-.

4. Records perused. The counsel for the Insurance Company

failed to mention that this petition was filed under Section 163-A of the Motor

Vehicles Act, at the time of his arguments.

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No36 of 2023

5. Since the counsel for the claimants agreed to reduce the award

amount, the following rectification are made in the judgement:

6. In paragraph No.9, the following words are to be inserted

“Since the petition was filed under Section 163-A of the Motor Vehicles Act,

the award is restricted to Rs.5,00,000/-.

7.1. In paragraph No.9(i) the number Rs.7,50,400/- is to be

removed and replaced as Rs.5,00,000/- (Rupees Five Lakhs only)”

7.2. In paragraph No.9 (ii), in the second line, the number Rs.

7,50,400/- is to be removed and replaced as Rs.5,00,000/-.

7.3. In paragraph No.9 (iv), in the third line, the number Rs.

3,50,400/- (Rupees Three Laksh Fifty Thousand and Four Hundred only) is

to be removed and replaced as Rs.2,00,000/- (Rupees Two Lakhs only).

7.4. In paragraph No.9 (iv), in the fifth line, the number

Rs.4,00,000/- (Rupees Four Lakhs only) is to be removed and replaced as

Rs.3,00,000/- (Rupees Three Lakhs only).

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No36 of 2023

8. With the above observations, this Review Application is

allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

And the Registry is directed to modify the above order in paragraph Nos.9,

9(i), 9(ii) and 9(iv) and to issue a fresh order copy and the decree.

07.06.2023 NCC: Yes / No Index: Yes / No Ls

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No36 of 2023

To

1.The Motor Accident Claims Tribunal cum Principal District Judge, Dindigul.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court,

Madurai.

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No36 of 2023

R.THARANI, J.

Ls

order made in Rev.Aplc(MD)No.36 of 2023

07.06.2023

https://www.mhc.tn.gov.in/judis