V.Natrajan v. M.Senthil Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CMA.No.2831 of 2011 V. Natarajan ... Appellant / Claimant Vs.

1. M.Senthilkumar

2. The Branch Manager, National Insurance Co. Ltd., BO-II, No.312, Jawahar Lal Nehru Street, Puducherry 605 001.

... Respondents/ Respondents Prayer : Appeal against the award of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore dated 17,06.2011 and made in M.C.O.P.No.12 of 2009. Decree : This Appeal coming on for hearing on this day upon perusing the petition of Appeal, the order of the Lower Court and material papers in this case and upon hearing the arguments of Mr.R.Ramesh, Counsel for Appellant and of Mr. J. Chandran, Counsel for the Second Respondent and the First Respondent having not been served with notice the Appellant having paid necessary Court Fee for enhanced compensation of to lemit of filing this Civil Miscellaneous Appeal, this Court while allowing the Civil Miscellaneous Appeal in part, doth order and decree as follows:

1) that the judgment and decree dated 17.06.2011 made in M.C.O.P.No.12 of 2009 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore be and hereby is enhanced from Rs.15,000/- to Rs.30,000/-(Rupees Thirty Thousand only)

2) that the Second Respondent/Insurance Company be and hereby is directed to deposit the enhanced compensation now determined by this Court with interest at the rate of 7.5.% p.a. from the date of claim petition till the date of deposit, less the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment.

3) that on such deposit being made the Appellant herein/Claiamtn be and hereby is permitted to withdraw the compensation now determined by this Court after following due process of law.

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4) that there be no costs in this Appeal.

Sd/- Deputy Registrar(Accounts) //True copy// Sub Assistant Registrar To

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

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

+1cc to Mr.R.Ramesh, Advocate SR.No.16274 +1cc to Mr.J. Chandran, Advocate SR.No.16820 DATED : 15.03.2021 DECREE :

CMA. No.2831 of 2011 Allowing the Civil Miscellaneous Appeal in part, preferred against the judgment and decree dated 17.06.2011 made in M.C.O.P.No.12 of 2009 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Cuddalore etc., as stated within.

RSV(CO) GMY(18/11/2021) https://hcservices.ecourts.gov.in/hcservices/