Angammal v. K.Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY PRESENT:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A.No.1537 of 2013 Angammal ..Appellant/Petitioner Vs.

1. K.Murugesan

2. The National Insurance Company Ltd., No.74-A, Paramathi Road, Namakkal.

..Respondents/Respondents PRAYER:- This Civil Miscellaneous Appeal is filed under section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 06.09.2006 made in M.C.O.P.No.194 of 2004 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Namakkal.

DECREE:- This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court and upon hearing the arguments of M/s.C.Thangarasu, Advocate for the Appellant and of Mr.E.Rajadurai for Mr.M.B.Raghavan, Advocate for the 2nd respondent, and the 1st respondent neither appeared in person nor by an advocate and the requisite Court fee for the enhanced award amount have already been paid by the Appellant / Petitioner at the time or filing the appeal itself and this Court while allowing the appeal doth order and decree as follows: 1.That the Appellant herein / Petitioner be and hereby is entitled as compensation for a sum of Rs.30,000/- (Rupees Thirty thousand only) at the rate of interest 6% per annum from the date of claim petition till the date of deposit.

2.That the Second respondent herein / Insurance company be and hereby is directed to pay the compensation amount together with interest at the rate of 6% per annum from the date of claim petitions till the date of deposit to the credit of M.C.O.P.Nos.194 of 2004, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Namakkal, within a period of four weeks from the date of receipt of a copy of this order.

3.That on such deposit being made by the second respondent herein / Insurance Company, the claimants shall withdraw the same, after following due process of law.

4.That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sbn To

1. Motor Accident Claims Tribunal The Chief Judicial Magistrate, Namakkal.

Copy to:

The Section Officer, V.R Section, High Court, Madras.

+4ccs to M/s.C.Thangaraju, Advocate, S.R.No.8031, 8032 +2ccs to M/s.N.Vijaya Raghavan, Advocate, S.R.No.9149, 9150

DATED :

03.02.2020 DECREE C.M.A.Nos.1537 of 2013 Allowing this Civil Miscellaneous Appeal filed against the Judgment and Decree of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Namakkal dated 06.09.2006 made in M.C.O.P.No.194 of 2004 etc., as stated within.

VGN-II(CO) SU(04/10/2021)