BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09/04/2010 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A(MD)No.799 of 2005 The New India Assurance Company Limited, Tiruvananthapuram Road, Palayamkottai, Tirunelveli. ... Appellant Vs 1. Krishnan 2. A.Mohammed Ali ... Respondents PRAYER Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the judgment and decree dated 27.04.2004 made in M.C.O.P.No.236 of 2003, on the file of the Motor Accidents Claims Tribunal(Second Additional Subordinate Judge), Tirunelveli. !For Appellants ... Mr.K.Elangovan ^For Respondent ... Mr.U.Minnavadi for Mr.G.R.Swaminathan * * * :JUDGMENT
The appeal lies in a very narrow campus. The learned counsel for the
appellant questions only the quantum of compensation and that too, on the
interest awarded by the Tribunal.
2. Firstly, the learned counsel for the appellant objects for awarding 9%
interest and secondly, the objection is for awarding interest for the future
medical expenses paid to the claimant.
3. The learned counsel for the claimant fairly submits that he was
agreeable for reducing the interest rate to 7.5% and he is not insisting any
interest for future medical expenses of Rs.25,000/- awarded by the Tribunal.
4. Since, the learned counsel for the claimant virtually concedes the
submissions made by the learned counsel for the appellant, this Court modifies
the award by reducing the interest rate from 9% from 7.5% and also depriving
interest for Rs.25,000/- awarded towards future medical expenses.
5. The Civil Miscellaneous Appeal is allowed in the above terms. No
costs.
vsn
To
The Motor Accidents Claims Tribunal,
(Second Additional Subordinate Judge),
Tirunelveli.