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Madras High CourtCMA(MD)/666/2016allowed

P.Meganathan, v. Sathiyanathan,

2017-12-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twentieth day of December, Two thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.666 of 2016 P.Meganathan ... Appellant/Petitioner Vs.

1.Sathiyanathan 2.M/s.Sriram General Insurance Company Limited, E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur, Rajasthan - 302 022.

... Respondents/Respondents Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decreetal order of the Special Sub Judge, The Motor Accidents Claims Tribunal, (Special Sub court), Trichirappalli dated 27.04.2015 in MCOP No.2609 of 2013.

ORDER: This 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.N.Sudhagar Nagaraj, Advocate for the Appellant and of Mr.N.Sivaraman, Advocate for the Second Respondent, and the first Respondent herein not appearing either in person or by Advocate, while allowing this Appeal in part, this Court doth order and decree as follows:- (i)That the compensation amount of Rs.1,93,590/-(Rupees one Lakh Ninty Three thousand Five Hundred and Ninty only) granted under the Judgment and Decreetal order dt 27.04.2015 in MCOP.No.2609 of 2013 on the file of the Motor Accidents claims Tribunal(Special Sub court),Trichirappalli stand enhanced to a sum of Rs.

3,11,590/- (Rupees Three Lakhs Eleven thousand five Hundred and Ninty only); (ii)That the Second Respondent shall deposit the entire compensation amount of Rs.

(iii)That the amount of Rs.1,93,590/- (Rupees one Lakh Ninty Three Thousand Five Hundred and Ninty only) shall carry interest at the rate of 7.5% per annum, from the date of petition till the date of payment;

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(iv)That on such deposit being made, the Appellant/Claimant shall withdraw the same by filing proper application before the Tribunal below; less the amount already withdrawn by him, if any; (v)And that therebe no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To The Special Subordinate Judge, Motor Accident Claims Tribunal, (Special Subordinate Court), Tiruchirappalli.

Copy to:

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1cc to Mr.D.SIVARAMAN,Advocate,SR.94225 +1cc to Mr.N.SUDHAGAR NAGARAJ,Advocate,SR. 94295 DECREE C.M.A.(MD)No.666 of 2016 DATED:20.12.2017 NATURE OF THE DECREE:Allowing the Appeal in part preferred against the Judgment/Decree dated 27.04.2015 in MCOP No.2609/13 on the file of The Motor Accidents Claims Tribunal, (Special Sub court), Trichirappalli and giving directions etc as stated therein.

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