Subramanian v. Karuppasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI SUBRAMANIAN ... Claimant/Appellant Vs 1 KARUPPASAMY 2 BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD SRI RAM SITE OFFICE NO.2-A PRAKASAM ROAD T.NAGAR CHENNAI 3 MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION LTD BYEPASS ROAD MADURAI ... Respondents/Respondents (1st Respondent remained exparte before the Tribunal) Prayer :- This Civil Miscellaneous äppeal is filed under Sectiion 173 of Motor Vehicles Act 1988 , to set aside the judgement and decree made in M.C.O.P.No. 122 of 2005 dt.13.06.2007 on the file of the Motor Accidents claims Tribunal ,(Chief Judicial Magistrate Court), Tirunelveli.

Decree:- This Civil Miscellaneous Appeal having came up for final hearing on Tuesday,the Fifth day of October ,Two Thousand Twenty One and upon perusing the Memorandum of grounds of Appeal, the award of the Tribunal and the material papers to the Appeal and upon hearing the arguments Mr.R.Krishnan,Advocate for Appellants, Mr.S.Royce Emmanuel,Advocate for 3rd respondent and Mr.A.Ilango,Advocate for 2nd respondent, and having stood over for consideration till this date, this Court while allowing this Appeal in-part, doth order and decree as follows:- 1/3

(1) That the amount of the Tribunal ,a sum of Rs.1,25,167/-(Rupees One Lakh TwentyFive Thousand one Hundred and sixtyseven only)is be and hereby enhanced to Rs.4,43,000/-(Rupees Four Lakhs and Forty Three Thousand only) (2). That the appellant be and hereby is entitled to a sum of Rs.4,43,000/-(Rupees Four Lakhs and Forty Three Thousand only) as compensation with interest at the rate of 7.5 % from the date of claim petition till the date of realization.

(3) That the second respondent be and hereby is directed to deposit Rs.4,43,000/-(Rupees Four Lakhs and Forty Three Thousand only)with 7.5 %interest from date of the claim petition till the date of realization with cost and the amount has to be deposited with in a period of 8 weeks from the date of receipt of acopy of this Order .

(4) That on such deposit ,the appellant be and hereby is permitted to withdraw the award amount with interest after deducting any amount received by him earlier.

(5) That the claimant be and hereby is not entitled for interest for the default Period ,if there is any and

(6) That there be no cost in this Civil Miscellaneous Appeal Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Chief Judicial Magistrate, Motor Accidents claims Tribunal , Tirunelveli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.R. KRISHNAN, Advocate ( SR-34669 dated 16/11/2021 ) +1 CC to M/s.A. ILANGO, Advocate ( SR-34720 dated 17/11/2021 ) 2/3

ORDER DATED : 16/11/2021 ========================== DECREE ========================== Allowing the CMA(MD). No.848 of 2013 in part preferred against the judgment and decree made in M.C.O.P.No. 122 of 2005 dt.13.06.2007 on the file of the Motor Accidents claims Tribunal , (Chief Judicial Magistrate,), Tirunelveli. etc. as stated within.

MGJ(28.12.2021) 3P 6C 3/3