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Showing contexts for: NAGERCOIL in New India Assurance Company Limited vs R. Santhi on 15 July, 2015Matching Fragments
The Civil Miscellaneous Appeal is filed against the Judgment and decree dated 30.11.2007, passed in MACOP.No.37 of 2006, on the file of Motor Accidents Claims Tribunal / District Judge, Kanyakumari at Nagercoil, Nagercoil.
2. The appellant, Insurance Company is the third respondent in MCOP.No.37 of 2006 on the file of Motor Accidents Claims Tribunal / District Judge, Kanyakumari at Nagercoil, Nagercoil. The respondents 1 to 5 are the claimants. The respondents 8 and 9 are the parents of the deceased. The 6th respondent is the driver of the vehicle. The 7th respondent is the owner of the vehicle.
7. Loss of estate 2,500.00 2,500.00 Confirmed Total 8,25,500.00 9,73,500.00 Enhanced by Rs.1,48,000/-
13. The learned counsel for the appellant contended that the interest awarded by the Tribunal at the rate of 12% per annum, is very excessive. Hence, the interest at the rate of 12% per annum is hereby reduced to 7.5% per annum.
14. For the reasons aforesaid, the Civil Miscellaneous Appeal filed by the appellant / Insurance Company is disposed of and the amount awarded by the Tribunal is enhanced to Rs.9,73,500/- (Rupees Nine Lakhs Seventy Three Thousand and Five Hundred only). The appellant is directed to deposit the above said amount with interest at 7.5% per annum, to credit of MCOP.No.37 of 2006, on the file of Motor Accidents Claims Tribunal / District Judge, Kanyakumari at Nagercoil, Nagercoil, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the first respondent would be entitled to Rs.2,23,500/-, and the respondents 2 to 5 would be entitled to a sum of Rs.1,50,000/- each, and the respondents 8 and 9 would be entitled to a sum of Rs.75,000/- each, with respective proportionate interest and costs, less the amount, if any already withdrawn. The Tribunal shall deposit the share of the respondents 2 to 5, who are minor claimants, in a Fixed Deposit in any one of the Nationalized Banks, which shall be renewed periodically till they attain majority. The first respondent ? mother of the minors is permitted to withdraw interest on the share of her minor children vis., the respondents 2 to 5 herein, once in three months from the Bank directly. No costs. Consequently, connected Miscellaneous Petition is closed.
To The Motor Accidents Claims Tribunal / District Judge, Kanyakumari at Nagercoil, Nagercoil.
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