← Library
Madras High CourtCMA/2340/2015partly allowed

S. Chakravarthy v. D. Kumar

2021-06-22Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.2340 of 2015 S.Chakravarthy ... Appellant/Petitioner ..Vs..

1.D.Kumar 2.Bajaj Allianz General Ins. Co. Ltd. ...Respondents/Respondents (R1 Exparte before the tribunal) Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 09.07.2012 made in MCOP.No.1212 of 2006 on the file of the Motor Accidents Claims Tribunal (III Court of Small Causes) incharge II Court of Small Causes, Chennai), Chennai.

Decree : This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the material records in the case and the judgment and decree of the Court below and upon hearing the arguments of Mr.K.S.V.Prasad, Advocate for the Appellant and of Mr.S.Arunkumar, Advocate for the Second Respondent and the First Respondent remained exparte before the tribunal this Court while allowing the appeal in part in modification of the award of the tribunal doth order and decree as follows: i) that the compensation awarded by the tribunal be and hereby is enhanced to Rs.1,67,467/-(Rupees One lakh sixty seven thousand four hundred and sixty seven only) from Rs.1,46,467/- (Rupees One lakh forty six thousand four hundred and sixty seven only) together with interest at the rate of 7.5% per annum from the date of claim till the date of deposit and costs after deducting the amount already deposited to the credit of MCOP No.1212 of 2006 on the file II Court of Small Causes, Chennai within a period of four weeks from the date of receipt of copy of this judgment;

ii) that on such deposit being made, the Tribunal be and hereby is directed to transfer the amount lying to the credit of MCOP.No.1212 of 2006 on the file II Court of Small Causes, https://hcservices.ecourts.gov.in/hcservices/

Chennai to the bank account of the Appellant herein/claimant through RTGS within a period of one week thereafter; iv) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar To

1. The Motor Accident Claims Tribunal, The III Court of Small Causes, Chennai

2. The Motor Accidents Claims Tribunal incharge II Court of Small Causes, Chennai.

Copy To The Section Officer V.R.Section, High Court of Madras.

+1cc to Mr.S.Arunkumar, Advocate SR.No.28808 DATED : 22/06/2021 DECREE :

C.M.A.No.2340 of 2015 Allowing the appeal preferred against the judgment and decree dated 09.07.2012 made in MCOP.No.1212 of 2006 on the file of the Motor Accidents Claims Tribunal (III Court of Small Causes) incharge II Court of Small Causes, Chennai), Chennai, etch., as stated within.

GJ(CO) GMY(29/11/2021) https://hcservices.ecourts.gov.in/hcservices/