Madras High CourtCMA(MD)/1164/2016allowed

Iyyappan v. Paulraj

2017-11-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Ninth day of November, Two thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CMA(MD)No.1164 of 2016 Iyyappan ... Appellant/Petitioner Vs.

1.Paulraj 2.The Oriental Insurance Company Ltd, Through its Divisional Manager, 1st Floor, DDJ Centre, Opposite to Vadasery Bus Stand, Nagercoil - 629 001.

... Respondents/Respondents Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree of the Special Subordinate Judge, The Motor Accidents Claims Tribunal(special Subordinate Court),Tirunelveli dated 04.04.20147 in MCOP.No.708 of 2013.

DECREE:This Civil Miscellaneous Appeal coming on for hearing on this day; upon perusing the grounds of Appeal, the order of the Lower Court and the material papers available in this case and upon hearing the arguments of Mr.T.Selvakumaran, Advocate for the Appellant and of Mr.K.Bhaskaran, Advocate for the Second Respondent, and Mr.S.Meenakshi Sundaram, the first Respondent not appearing, while allowing the Appeal by modification, this court doth order and decree as follows:- (i)That the Compensation awarded under the Judgment and Decree dated 04.04.2014 in MCOP.No.708/2013 on the file of the Motor Accident Claims Tribunal(Special Subordinate Judge),Tirunelveli be and hereby is enhanced from a sum of Rs.7,57,420/-(Rupees Seven Lakhs Fifty Seven Thousand Four Hundred and Twenty only) to a sum of Rs.

9,22,000/-(Rupees Nine Lakhs and Twenty Two thousand only). (ii)That the Second respondent be and hereby is directed deposit the entire compensation amount with interest at the rate of 7.

(iii)That on such deposit being made, the Appellant/Claimant shall be permitted to withdraw the same by filing proper application before the Tribunal, less the amount already withdrawn https://hcservices.ecourts.gov.in/hcservices/

by him;

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

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To The Special Subordinate Judge, Motor Accidents Claims Tribunal, (Special Sub Court), Tirunelveli.

Copy to:

The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.BHASKARAN,Advocate,SR. 90430 +1cc to Mr.T.SELVAKUMARAN,Advocate,SR. 90388 +2cc to Mr.N.GA.NATARAJ,Advocate,SR. 90310 DATED:29.11.2017 DECREE CMA(MD)No.1164 of 2016 NATURE OF THE DECREE:Allowing the Appeal in part preferred against the Judgment / Decree dated 4.4.14 in MCOP.No.708 of 2013 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Court), Tirunelveli and giving directions etc. as stated therein.

KK/SV MMS/SAR 1/27.12.2017/ 2P- 7C/ https://hcservices.ecourts.gov.in/hcservices/