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The New India Assurance Company Limited, Rep. by its Branch Manager, Perambalur Vs. M. Ponnuswamy and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.M.A(MD)No. 217 of 2005 & C.M.P.(MD) No. 1396 of 2005
Judge
AppellantThe New India Assurance Company Limited, Rep. by its Branch Manager, Perambalur
RespondentM. Ponnuswamy and Others
Excerpt:
.....appeal, challenging the award m.a.c.t.o.p.no.2055 of 1997 dated 18.06.2004 on the file of the motor accident claims tribunal (i additional district judge (p.c.r.), triruchirapalli. 2. it is an unfortunate case of fatal accident caused due to the accident took place on 12.08.1996 and the legal heirs of the deceased filed a claim petition in m.a.c.t.o.p.no.2055 of 1997 before the motor accident claims tribunal (i additional district judge (p.c.r.), triruchirapalli. the tribunal, considering the facts and circumstances of the case, awarded a sum of rs.3,25,000/- as total compensation with interest @9% per annum, against which, the new india assurance company limited has preferred the present appeal, on the ground that the the tribunal failed to deduct 1/3rd of the personal expenses and.....
Judgment:

1. The appellant/New India Assurance Company Limited filed the present civil miscellaneous appeal, challenging the award M.A.C.T.O.P.No.2055 of 1997 dated 18.06.2004 on the file of the Motor Accident Claims Tribunal (I Additional District Judge (P.C.R.), Triruchirapalli.

2. It is an unfortunate case of fatal accident caused due to the accident took place on 12.08.1996 and the legal heirs of the deceased filed a claim petition in M.A.C.T.O.P.No.2055 of 1997 before the Motor Accident Claims Tribunal (I Additional District Judge (P.C.R.), Triruchirapalli. The Tribunal, considering the facts and circumstances of the case, awarded a sum of Rs.3,25,000/- as total compensation with interest @9% per annum, against which, the New India Assurance Company Limited has preferred the present appeal, on the ground that the the Tribunal failed to deduct 1/3rd of the personal expenses and therefore, the award has to be modified to that extent.

3. This Court had gone into the findings of the Tribunal and it is the case of fatal accident and the amount of Rs.3,25,000/- awarded by the Tribunal is a just compensation and therefore, this Court is not inclined to interfere with the award passed by the Tribunal and the appeal is devoid of merits.

4. In the result, the civil miscellaneous appeal is dismissed. The award passed in M.A.C.T.O.P.No.2055 of 1997 by the Motor Accident Claims Tribunal (I Additional District Judge (P.C.R.) is confirmed. The appellant Insurance Company is directed to deposit the entire award amount with accrued interest and costs to the credit of the claim petition, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are permitted to withdraw their respective shares, as per the ratio of apportionment made by the Tribunal, with proportionate accrued interest and costs through RTGS by filing necessary application before the Tribunal concerned. No costs. Consequently, connected miscellaneous petition is dismissed.


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