P.Parvathi vs J.Banupriya
2023 Latest Caselaw 14148 Mad

                                                                          C.M.A.(MD)No.465 of 2018


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.11.2023

                                                   CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                          C.M.A.(MD)No.465 of 2018
                                                      and
                                         C.M.P.(MD)No.5559 of 2018

                    P.Parvathi                                            ... Appellant


                                                      Vs.


                    1.J.Banupriya

                    2.K.Babu

                    3.HDFC ERGO General Insurance
                        Company Ltd.,
                       th
                      6 Floor, Leela Business Park,
                      Mumbai-400 59.                                      ... Respondents




                    PRAYER: Civil Miscellaneous Appeal filed under section 173 of Motor
                    Vehicles Act, 1988, to set aside the judgment and decree dated 12.03.2018
                    passed in M.C.O.P.No.324 of 2014 on the file of the Motor Accident
                    Claims Tribunal Cum Sub-Court, Kulithalai.



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https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.(MD)No.465 of 2018




                                          For Appellant        : Mr.N.Sudhagar Nagaraj

                                          For R-1 & R-2        : No appearance

                                          For R-3              : Mr.V.Sakthivel



                                                     JUDGMENT

The present Civil Miscellaneous Appeal is filed, to set aside the

judgment and decree dated 12.03.2018 passed in M.C.O.P.No.324 of 2014

on the file of the Motor Accident Claims Tribunal Cum Sub-Court,

Kulithalai.

2.Heard the learned Counsel appearing for the appellant, the learned

Counsel for the third respondent and perused the materials available on

record.

3. The learned Counsel appearing for the appellant has submitted

that the Tribunal has awarded an amount of Rs.16,07,000/- (Rupees

Sixteen Lakhs and Seven Thousand only) as compensation passed in

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.465 of 2018

M.C.O.P.No.324 of 2014, vide judgment and decree, dated 12.03.2018.

The said amount was apportioned between the mother of the deceased and

the wife of the deceased. The mother was awarded only an amount of

Rs.3,00,000/- (Rupees Three Lakhs only) and the remaining amount was

awarded to the wife of the deceased. Hence, the apportionment of share

from the total amount to a tune of an additional amount of Rs.3,00,000/-

(Rupees Three Lakhs only), the mother has preferred an appeal.

4. I am of the considered view that the mother is entitled to the said

apportionment. In view of the same, the apportionment of an additional

amount of Rs.3,00,000/- (Rupees Three Lakhs only) is hereby confirmed.

The Insurance Company has already deposited the entire amount to the

credit of account of the Tribunal. Hence, the claimants are permitted to

withdraw the respective award amount from the Trial Court. The wife is

entitled to an amount of Rs.10,07,000/- (Rupees Ten Lakhs and Seven

Thousand only) and the mother is entiled to an amount of Rs.6,00,000/-

(Rupees Six Lakhs only).

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.465 of 2018

5. With these observations and directions, this Civil Miscellaneous

Appeal is allowed. There shall be no order as to costs. Consequently,

connected Miscellaneous Petition is closed.

01.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To

The Motor Accident Claims Tribunal Cum Sub-Court, Kulithalai.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.465 of 2018

L.VICTORIA GOWRI, J.,

Sml

C.M.A.(MD)No.465 of 2018

01.11.2023

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