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Madras High CourtCMA(MD)/629/2017partly allowed

Sunil Kumar, v. Ganeshan, S/O.Udaiyar,

2017-11-08Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Eighth day of November, Two Thousand and Seventeen present THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A.(MD)No.629 of 2017 1.Sunil Kumar 2.The District Superintendent of Police, Ramanathapuram. : Appellants/Respondents /Vs./ Ganeshan (As the petitioner is unable to talk and move, he is represented through his wife and guardian Maheswari) : Respondent/Claimant Civil Miscellaneous Appeal is filed under section 173 of the Motor Vehicles Act 1988 against the order and decreetal order passed by the Motor Accident Claims Tribunal(Additional District Judge), Ramanathapuram, made in MCOP No.144/11 dated 17.9.2016.

DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the award of the Tribunal the material papers relating to this case and upon hearing the arguments of Mr.D.Muruganantham, Additional Government Pleader (AGP) appearing for the Appellants and of Mr.S.A.

(i)that the appellants do pay to the respondent/claimant a sum of Rs.38,31,898/-(Rupees Thirty eight lakhs thirty one thousand and eight hundred and ninety eight) as total compensation, instead of Rs.38,86,898/-(Rupees Thirty Eight lakhs eighty six thousand eight hundred and ninety eight only) awarded by the Tribunal. (ii)The interest awarded by the Tribunal do stand. (iii)That the 2nd appellant herein do deposit the modified award amount, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of the Judgment.

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(iv)That on such deposit, the claimant herein shall withdraw the entire amount along with accrued interest and costs. (v)That there be no costs in this Civil Miscellaneous Appeal. Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To The Additional District Judge, The Motor Accident Claimants Tribunal/ Ramanathapuram.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.J.M.HASSANULBAZARI, Advocate, SR.No. 86294 DATED:08.11.2017 DECREE C.M.A.(MD)No.629 of 2017 NATURE OF THE DECREE:

Allowing this Appeal in part with modifications preferred against the order and decreetal order made in MCOP.144/2011 dated 17.9.2016 on the file of the Motor Accident Claims Tribunal(Additional District Judge), Ramanathapuram etc, as stated within.

KK/PN/SAR-1/13.07.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/