Murugan v. Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY PRESENT:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN C.M.A.No.4150 of 2019 Murugan ... Appellant/ Petitioner Vs.

1. Ravi

2. The Royal Sundaram Insurance Co., Ltd., Vishranthi Melaram Towers, No.2/319, Rajiv Gandhiji Salai (OMR) Karapakkam , Chennai 600 097.

3. Eswari ... Respondents/ Respondents PRAYER:- Civil Miscellaneous Appeal against the order of the file of the Motor Accident Claims Tribunal, Special Subordinate Judge, Erode dated 09.08.2019 in MCOP No.342 of 2017.

Decree:This Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal,the order of the Lower court and the material papers in the case and upon hearing the arguments of MR.T.S.Arthanareeswaran for Mr. C. Paraneedharan, Advocate for the Appellant and of Mr.E. Rajadurai for Mr . N. Vijayaraghavan, Advocate for the second Respondent and even though the notice has been served on the 1st and 3rd Respondents, there is no appearance for the 1st and 3rd Respondents wherein 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 this Civil Miscellaneous Appeal with modification doth order and decree as follows:

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i)that the award of the Tribunal be and hereby is enhanced to Rs.2,10,000/-(Rs.Two Lakhs Ten Thousand Only) from Rs.1,60,000/-(Rs.One Lakh Sixty Thousand Only) together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit.

ii)that the 2nd respondent herein/Insurance Company be and hereby is directed to deposit the enhanced award amount now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. iii)that on such deposit being made, the appellant herein/claimant be and hereby is permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any, already withdrawn.

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

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To The Motor Accidents Claims Tribunal, Special Subordinate Judge, Erode.

Dated:13.10.2020 DECREE C.M.A.No.4150 of 2019 Allowing the Civil Miscellaneous Appeal preferred against the Judgment and decree of the Court of the Motor Accident Claims Tribunal, Special Subordinate Judge, Erode dated 09.08.2019 in MCOP No.342 of 2017 etc as stated within.

sai(CO) A.SK(16.08.2021) https://hcservices.ecourts.gov.in/hcservices/