Pavadi v. C.Selvakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE TWENTY NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT:

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN C.M.A.No.2158 of 2018 Pavadi ...Appellant/Claimant Vs.

1.C.Selvakumar 2.The Branch Manager, National Insurance Co.Ltd., J.N.Street, Puducherry.

...Respondents/Respondents

Prayer: This Civil Miscellaneous Appeal filed under Section 173 of M.V.Act, 1988, award and decree of the Principal Sub Judge, Motor Accident Claim Tribunal at Puducherry dated 31.01.2018 and made in M.A.C.T.O.P.No.739 of 2015.

Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the judgment and decree of the Lower court and the material papers in the case and upon hearing the arguments of Mr.V.Raghavachari,Advocate for the Appellant herein/Claimant and of Mr.D.Bhaskaran,Advocate for the Second Respondent herein/Insurance Company, and the 1st Respondent herein/1st Respondent having remained Exparte before the Tribunal and this Court while Allowing this Civil Miscellaneous Appeal,doth order and decree as follows:

i)that the compensation awarded by the Tribunal be and hereby is enhanced to Rs.6,67,800/-(Rs.Six Lakhs Sixty Seven Thousand Eight Hundred Only) from Rs.4,18,000/-(Rs.Four Lakhs Eighteen Thousand Only).

ii)that the Second Respondent herein/Insurance Company do deposit the enhanced amount, less the amount already deposited, if any, 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.

iii)that on such deposit being made, the appellant herein/claimant is be and hereby permitted to withdraw the award amount, after adjusting the amount, if any, already withdrawn. https://hcservices.ecourts.gov.in/hcservices/

iv)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Principal Sub Judge, (Motor Accident Claim Tribunal) Puducherry.

Copy to:

The Record Keeper, VR Section, High Court,Madras.

+1 cc to Mr.V.Raghavachari, Advocate Sr.NO.21220 +1 cc to Mr.D.Bhaskaran, Advocate Sr.NO. 20901 DATED:29.03.2022 DECREE C.M.A.No.2158 of 2018 Allowing the Appeal preferred against the award and decree of the Principal Sub Judge, Motor Accident Claim Tribunal at Puducherry dated 31.01.2018 and made in M.A.C.T.O.P.No.739 of 2015 etc as stated within.

A.SK(16/05/2022) https://hcservices.ecourts.gov.in/hcservices/