Elumalai v. Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CMA No. 1329 of 2018 Elumalai ... Appellant/Claimant Vs

1. Sampath

2. Royal Sundaram Alliance Insurance Co. Ltd., No.21, Pattulos Road, Chennai-2 B.R.5, R.J.Plaza, Katpadi Road, Virudampet.

...Respondents/Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V. Act, 1988 against the award and Decree dated 11.07.2017 and made in M.A.C.T.O.P.No. 3076 of 2012 on the file of Motor Accident Claims Tribunal, II Small Causes Court, Chennai. DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the award of the Tribunal below and the material papers in this case and upon hearing the arguments of Mr.F.Terry Chellaraja, Advocate for the Appellant and Mr.G.Vasudevan, Advocate for the 2nd Respondent the 1st respondent having set exparte in lower court itself and Subsequently listed on Tuesday the Fourteenth day of June 2022 at 2.15 P.M. before the court in the presence of aforesaid counsels for Appellant and the 2nd Respondent and this court while allowing the Civil Miscellaneous Appeal, doth order and decree as follows:

1. That the Appellant herein/Claimant be and hereby is entitled for a sum of Rs.1,24,000/- (Rupees one lakh twenty four thousand only) as compensation.

2.

That the second respondent herein/Insurance Company be and hereby is directed to deposit the above said amount together with interest at the rate of 7.5% per annum from the date of filing of the petition till date of deposit within a period of six weeks from the date of receipt of a copy of this order.

3. That On such deposit, that the appellant herein/claimant https://hcservices.ecourts.gov.in/hcservices/

be and hereby is permitted to withdraw the award amount.

4. That there be No order as to costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vsg To

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

Copy To:

The Section Officer, VR Section, Madras High Court, Chennai.

+1cc to Mr.G.Vasudevan, Advocate, S.R.No.27752 DATED: 22/04/2022 DECREE:

CMA No. 1329 of 2018 Allowing the Civil Miscellaneous Appeal preferred against the Judgment and Decree dated 11.07.2017 made in M.A.C.T.O.P.No. 3076 of 2012 on the file of the Motor Accident Claims Tribunal, IInd Small Causes, Court Judge, Chennai, etc., as stated therein.

MG(CO) SB(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/