Madras High CourtCMA(MD)/255/2015partly allowed

Muruganantham, v. K.Arjunan,

2017-09-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eighteenth day of September, Two Thousand and Seventeen PRESENT THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD)No.255 of 2015 1.Muruganantham 2.Chinna Rasu 3.Sumathi ... Appellants/petitioners Vs.

1.K.Arjunan 2.M/s.Shriram Group of Companies (General CO) 15, Municipal Office Road, PLA Plaza, Cantonment, Trichy -1. ...Respondents/Respondents This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act,1988, against the Judgment and Decreetal Order of the Special District Judge, Motor Accident Claims Tribunal (The Special District Court), Trichirappalli, dated 27.03.2013 passed in MCOP No. 34 of 2013.

ORDER: This Civil Miscellaneous Appeal is 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.A.Arumugam for M/s.Ajmal Associates, Advocate for the Appellants, Mr.C.Jeganathan for M/s.Veera Associates, Advocate for the first respondent and of Mr.Anwar Sameem, Advocate for the second respondent and the Appellants herein have filed Additional Court fee vide Memo under USR No.11965/2018, dated 20.03.2018, while allowing the Appeal in part, this Court doth order and decree as follows:

(1)That the compensation amount of Rs.2,01,000/-(Rupees Two Lakhs and One Thousand Only) awarded under the Judgment and Decreetal order dated 27.03.2013 passed in MCOP No.34 of 2013 on the file of the Motor Accident Claims Tribunal(The Special District Court),Tirichirappalli be and hereby is enhanced to a sum of Rs.4,40,000/-(Rupees Four Lakhs and Forty Thousand Only)along with interest at the rate of 7.5% per annum from the date of petition till date of realization and proportionate costs; (2)That the first and second respondents be and hereby are directed to deposit the entire award amount with accrued 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 order;

https://hcservices.ecourts.gov.in/hcservices/ (3)That on such deposit being made, the appellants/Claimants shall be permitted to withdraw their shares with accrued interest

and costs, as apportioned by the Tribunal, without filing any formal petition;

(4)And that there be no costs in this Civil Miscellaneous Appeal;

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To The Special District Judge, Motor Accident Claims Tribunal/The Special District Court), Trichirappalli.

Copy to : The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1cc to Mr.T.ANTONY ARUL RAJ,Advocate,SR.79479 +1cc to M/S.VEERA ASSOCIATES,Advocate,SR. 79692 +1cc to M/S.AJMAL ASSOCIATES,Advocate,SR. 79627 Dated : 18.09.2017 DECREE C.M.A(MD)No.255 of 2015 Nature of Decree:

Partly allowing the Appeal preferred against the Judgment and Decree dated 27.03.2013 in MCOP No.

34/2013 on the file of Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli and giving directions etc., as stated therein.

AM/JC/SAR 3/23.04.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/