A.Saravana Arumugam, v. Murugan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM AND The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.1071 of 2015 A.SARAVANA ARUMUGAM, ... Appellant/ Petitioner Vs 1 MURUGAN, 2 RAVICHANDRAN, 3 ROYAL SUNDARAMI ALLIANCE INSURANCE COMPANY LIMITED THROUGH ITS MANAGER 3 KADAR NAVASSKHAN ROAD 2ND FLOOR CHENNAI- 006.

4 RADHASAKARAN, 5 THE NEW INDIA ASSURANCE COMPANY LTD. THIRUTHANGAL THROUGH ITS BRANCH MANAGER 5/84 VIRUDHUNAGAR MAIN ROAD VIRUDHUNAGAR DISTRICT. (4TH AND 5TH RESPONDENTS) ... Respondents/Respondents Prayer :- This Civil Miscellaenous Appeal filed Under Section 173 of the Motor Vehicles Act praying to allow the cost and modify the impugned order passed by the Motor Vehicle Accident Claims Tribunal/ Sub Court, Srivilliputtur in MCOP No. 89 OF 2005 on 13/11/2014 and award compensating RS. 66,80,500/- with interest and costs and thus render justice.

DECREE:

This Civil Miscellaneous Appeal is 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 this Appeal and upon hearing the arguments of Mr.T.S.R.Venkataramana, Advocate for the Appellant, and Mr.J.S.Murali, Advocate for the Fifth Respondent, and none appeared either in person or by an Advocate for R1 and R4 and this Court while party allowing the appeal doth order and decree as follows :

1.that the appellant herein/Claimant be and hereby entitled to a sum of Rs.25,30,000/-(Rs.Twenty Five Lakhs and Thirty Thousand only) along with interest at the rate of 7.5%. 2.that the third Respondent herein / Insurance company be and hereby directed to deposit the modified compensation with https://hcservices.ecourts.gov.in/hcservices/

accrued interest and costs, within a period of eight weeks from the date of receipt of this order, less the mount if any already deposited;

3.that on such deposit being made the appellant herein/claimant be and hereby permitted to withdraw the entire amount with accrued interest and costs, less the amount already withdrawn if any, by filing an application before the Tribunal;and 4.that there be and hereby no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To The Motor Accidents Claims Tribunal/Sub Court, Srivilliputhur, Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai (2 COPIES) +1 CC to M/s.T.S.R.VENKAT RAMANA, Advocate SR-56687 +1 CC to M/s.J.S.MURALI, Advocate SR-56844 ORDER DATED : 25/03/2019 ========================== DECREE ========================== CMA(MD). No.1071 of 2015 Partly allowed this CMA(MD).

No.1071 of 2015 preferred against judgment and decree passed by The Motor Accidents Claims Tribunal/ Sub Court, Srivilliputhur, made in MCOP.89/2005 on 13/11/2014 etc. as stated within.

KK/SAR/03.05.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/