IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 11.03.2010 Coram The HONOURABLE Mr. JUSTICE S.MANIKUMAR C.M.A.No.484 of 2010 National Insurance Co., Ltd., 165, Nethaji Road, Manjakuppam, Cuddalore – 607 001. .. Appellant/Second Respondent vs. 1.Dhandapani 2.A.Mathivanan .. Respondent/Petitioner and first Respondent Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 15.11.2006 made in M.C.O.P.No.223 of 2004 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge, Cuddalore. For Appellant : M/s.Srinivasan Ramalingam For respondent 1 : Mr.D.S.Thirumavalavan for R1 R2 : NDW JUDGMENT Aggrieved by the quantum of compensation awarded to the respondent/claimant for fracture of proximal phalanx left toe, the appellant-National Insurance Company has preferred this appeal. 2. Before the Tribunal, the respondent has claimed Rs.5,00,000/- as compensation. However, the Tribunal on evaluation of the pleadings and evidence, awarded Rs.1,47,425/- with interest at the rate of 7.5% from the date of claim. 3. On this day, when the matter came up for hearing, learned counsel appearing for both the parties have consented that the award be fixed at Rs.80,000/- without any reduction in the rate of interest. The submission of the learned counsel appearing for both the parties are placed on record. 4. In view of the above, the compensation awarded by the Tribunal is restricted to Rs.80,000/- with 7.5% interest from the date of claim. The appellant-Insurance Company shall deposit the said sum with proportionate accrued interest and cost, within a period of three weeks from today. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar aes To 1. Motor Accidents Claims Tribunal (Principal Subordinate Judge, Cuddalore. 2. The Section Officer, V.R. Section, High Court, Madras. + 1 cc to Mr.Srinivasan Ramalingam,Advocate,SR.16498 + 1 cc to Mr.D.S.Thirumavalavan,Advocate,SR.16434 C.M.A.No.484 of 2010 TEJ(CO) EM/12.3.10