Appeal against compensation award in motor accident claims. Court confirmed low nominal award and dismissed appeal directing insurer to deposit amount.
Appeal dismissed; Appellant directed to deposit entire compensation amount with accrued interest and costs.
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C.M.A.(MD)No.601 of 2011
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.601 of 2011
and
M.P.(MD)No.1 of 2011
The Branch Manager, United India Insurance Company Ltd., Sreeji Chambers, Mount Road, Coonoor-643 101. ... Appellant
Vs.
1.Mumpidathi 2.D.Panjabakesan 3.Dhanalakshmi ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 07.09.2009 passed in M.C.O.P.No.239 of 2007 on the file of the Additional Sub Judge, Tirunelveli.
C.M.A.(MD)No.601 of 2011
For Appellant : Mr.A.S.Mathiyalagan For Respondents : No appearance
JUDGMENT
The present Civil Miscellaneous Appeal is filed, to set aside the judgment and decree dated 07.10.2009 passed in M.C.O.P.No.239 of 2007 on the file of the Additional Sub Judge, Tirunelveli.
2.Heard the learned Counsel appearing for the appellant and perused the materials available on record.
3.On perusal of the award passed by the Tribunal, the compensation is only a nominal amount of Rs.1,04,000/- (Rupees One Lakh and Four Thousand only). Hence, this Court is not inclined to interfere with the award passed by the tribunal in accordance with law. Hence, the award of the tribunal is hereby confirmed. In view of the same, the appellant is
C.M.A.(MD)No.601 of 2011
directed to deposit the entire compensation amount as awarded by the Tribunal with accrued interest and costs to the credit of M.C.O.P.No.239 of 2007 on the file of the Additional Sub Judge, Tirunelveli within a period of eight weeks (8) from the date of receipt of copy of this judgment, less the amount, if any already deposited. On such deposit, the claimants are permitted to withdraw the said amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal.
Appeal is dismissed. 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
C.M.A.(MD)No.601 of 2011
To
The Additional Sub Judge, The Motor Accident Claims Tribunal, Tirunelveli.
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.601 of 2011
L.VICTORIA GOWRI, J.,
Sml
C.M.A.(MD)No.601 of 2011
01.11.2023
1 issue framed by the court
Whether the compensation award of the Motor Accident Claims Tribunal should be set aside due to nominal compensation amount.
1 provisions across 1 enactments
The Branch Manager, United India Insurance Company Ltd.
Mumpidathi
D.Panjabakesan
Dhanalakshmi
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
