Madras High CourtCMA(MD)/256/2015partly allowed

Maheswaran, 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.256 of 2015 1.Maheswaran 2.Minor. Papitha Kumari 3.Minor.Hariharan ... Appellants/petitioners (Minor Appellants 2 & 3 rep through their father next friend 1st Appellant) 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. 35 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, while allowing the Appeal in part, this Court doth order and decree as follows: (1)That the compensation amount of Rs.5,03,800/-(Rupees Five Lakhs Three Thousand and Eight Hundred Only) awarded under the Judgment and Decreetal order dated 27.03.2013 passed in MCOP No.35 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.7,80,200/-(Rupees Seven Lakhs Eighty Thousand and Two Hundred 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 first appellant/first Claimant shall be permitted to withdraw his share with accrued

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

(4)That the Tribunal below be and hereby is directed to deposit the minors' share in any of the Nationalized Bank till they attain majority and their father shall be permitted to withdraw the interest amount once in six months;

(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.256 of 2015 Nature of Decree:

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

35/2013 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/