Mariya Amulraj v. Poornima

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MS. JUSTICE P.T.ASHA CMA.NO.2473 OF 2017 Mariya Amulraj ... Appellant/ Petitioner Vs

1. Poornima

2. The Reliance General Insurance Co. Ltd., Rai's Tower, Plot No.2054, 2nd Avenue, 2nd Floor, Next to Senthil Nursing Home, Anna Nagar, Chennai - 600040.

... Respondents/ Respondents PRAYER:

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and Decree dated 04.12.2015 and made in M.A.C.T.O.P.No.7804/2013 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, 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 M/s.Subadara for M/S.M.Malar, Advocate for the Appellant and M/s.C.Bhuvana Sundari, Advocate for the II Respondent and I Respondent not appearing in person or by an Advocate and the Appellant/Petitioner having been paid the Additional Court Fees in respect of the enhanced award amount while filing of this Civil Miscellaneous Appeal itself and this Court while allowing the Civil Miscellaneous Appeal by enhancing the award of the Tribunal, doth order and decree as follows:-

1) That the award of the Tribunal be and hereby is enhanced to Rs.1,99,679/- (Rupees One Lakh Ninety Nine Thousand Six Hundred and Seventy Nine only) from Rs.1,84,699/- (Rupees One Lakh Eighty Four Thousand Six

Hundred and Ninety Nine only) (Tribunal award) together with interest @ 7.5 % per annum from the date of petition till the date of deposit.

2) That the 2nd respondent herein/Insurance company be and hereby is directed to deposit the above said amount (Rs.1,99,679/-) along with interest @ 7.5 % per annum from the date of claim petition till the date of deposit as awarded by the Tribunal less the amount already deposited if any within a period of 6 weeks from the date of receipt of a copy of this judgment, to the credit of M.A.C.T.O.P.No.7804 of 2013 on the file of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

3) That on such deposit being made, the appellant herein/claimant be and hereby is permitted to withdraw the award amount now determined by this Court, along with interest and costs, less the amount if any, already withdrawn;

4) That in all other aspects the award of the Tribunal do stand;

5) That there be no costs in this Civil Miscellaneous Appeal.

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

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

Copy To The Section Officer, V.R.Section, High Court, Madras-104.

+1cc to M/S.M.Malar, Advocate, S.R.No.32880

Dated:08.06.2022 Decree:

CMA.No.2473 of 2017 Allowing the Civil Miscellaneous Appeal preferred against the Judgment and Decree dated 04.12.2015 made in M.A.C.T.O.P.No.7804/2013 on the file of the Motor Accident Claims Tribunal, III Judge, III Court of Small Causes, Chennai etc., as stated therein.

MG(CO) PM/28/06/2022