S. Shakul Hameed v. K. Murali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CMA.No.2165 of 2018 S.Shakul Hameed ...Appellant/Petitioner Vs.

1.K.Murali 2.The New India Assurance Co. Ltd., 45, Moore Street, Chennai - 600 001.

Now "Bombay Mutual Building", 6th Floor, N.S.C.Bose Road, Chennai - 600 001.

...Respondents/Respondents

Prayer: Civil Miscellaneous Appeal against the Order and decree of the Motor Accident Claims Tribunal, Sub-Judge No.1, Small Causes Court, Chennai made in M.C.O.P.No.2090 of 2013 dated 04.01.2018.

DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day, and upon perusing the Grounds of Appeal, the order and decree of the Lower Court, and the records in the case and upon hearing the arguments of Mr.A.Shanmugaraj, Advocate for the Appellant and of Mr.K.Vinod, Advocate for the Second Respondent and First Respondent set remained exparte before the Tribunal, and this Court while allowing this Civil Miscellaneous Appeal, doth order and decree as follows:

(i) That the Order and Decree of the Motor Accident Claims Tribunal, Sub-Judge No.1, Small Causes Court, Chennai and made in M.C.O.P.No.2090 of 2013 dated 04.01.2018 be and hereby modified by enhancing the award compensation from Rs.1,37,000/- (Rupees one lakh Thirty Seven Thousand only) to Rs.1,54,000/- (Rupees one lakh fifty four thousand only) (ii) That the Second Respondent herein/Insurance company is be and hereby is directed to deposit the difference in compensation amount i.e., Rs.17,000/- along with interest at 7.5% from the date of filing of the petition till the date of deposit within a period of six weeks from the date of receipt of https://hcservices.ecourts.gov.in/hcservices/

a copy of this order.

(iii) That on such deposit being made, the appellant herein/Claimant be and hereby is permitted to withdraw the same. (iv) That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kkn To:- The Motor Accident Claims Tribunal, The Special Sub-Judge No.1, Court of Small Causes, Chennai.

Copy To:

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

+1cc to Mr.K.Vinod, Advocate, S.R.No.26460 DATED: 19/04/2022 DECREE CMA.No.2165 of 2018 Allowing this Civil Miscellaneous Appeal preferred against the order and Decree of the Motor Accident Claims Tribunal, Special Sub Judge, NO.1, Small Causes Court, Chennai and made in MCOP.No.2090 of 2013 dated 04.01.2018 etc., as stated within.

PA(CO) SB(17/05/2022) https://hcservices.ecourts.gov.in/hcservices/