Mayilvaganan, v. The Superintendent Of Police,

CMA(MD). No.750 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Nineteenth day of March Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.750 of 2013 MAYILVAGANAN, S/O.MARIMUTHU NO.7 L.G.B.COMPOUND VALGA, VALAMUDAN STREET DINDIGUL ..

Appellant / Claimant Vs THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT, DINDIGUL ..

Respondent / Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award dated 01.11.2012 made in MCOP No.105 of 2011 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dindigul. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.D.VENKATESH, Advocate for the Appellant and of Mr.J.GUNASEELAN MUTHIAH, Additional Government Pleader, Advocate for the respondent, while modifying the award of the Tribunal party allowing the Appeal, this Court doth order and decree as follows:-

(1) That the award amount OF Rs.1,55,000/- is enhanced to Rs.1,87,000/- (Rupees One Lakh eighty seven thousand only) ;

(2) That the (*) Respondent be and hereby is directed to deposit the modified amount of Rs.1,87,000/- together with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, less the amount already deposited, within a period of six weeks from the date of receipt of a copy of this order.

(3) On such deposit, the claimants is permitted to withdraw the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.750 of 2013 entire amount without filing any formal application before the Tribunal.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) (*)Amended as per the order of this Court dated 13.07.2021 through being mentioned Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) (*) To be substituted to the decree already despatched on 14.06.2021 To THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.D.VENKATESH, Advocate ( SR-12819 dated 22/03/2021 ) +1 CC to M/s.SPECIAL GOVERNMENT PLEADER( SR-12781 dated 22/03/2021 ) ORDER DATED : 19/03/2021 ========================== DECREE ========================== CMA(MD). No.750 of 2013 Nature of Decree:- Partly Allowing the Civil Miscellaneous Appeal preferred against the award of the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Dindigul made in MCOP No.105 of 2011 KMK(CO) TR(08.06.2021) 2P 6c LR (14.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2