Jalagopal Lingam v. Syed Mohamed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighteenth day of August Two Thousand and Fifteen PRESENT:

THE HONOURABLE MR.JUSTICE P.DEVADASS C.M.A.(MD) No.853 of 2015 1.Jalagopal Lingam 2.Lingeswari 3.Mangaleswari 4.Murugesan ..Appellants/Petitioners Vs.

1.Syed Mohamed Secretary, PET Engineering College, Thiruchendur Road, Valliyoor, Samugarengapuram.

2.The Divisional Manager, New India Assurance Company, No.252, Kamarajar Salai, Madurai.

..Respondents/Respondents Civil Miscellaneous Appeal filed under section 173 of M.V.Act, against the Award of the Motor Accidents Claims Tribunal/Principal District Judge,Ramanathapuram dated 08/01/2015 made in MCOP.No.79/2013.

ORDER: This Civil Miscellaneous Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court,and material papers relating to the case and upon hearing the arguments of M/s.J.M.Hassanul Bazari, Advocate for the appellants and Mr.B.Rajesh Saravanan, Advocate for the 2nd respondent,this Court doth order and decree as follows: 1)That the Award of Compensation as awarded by the Principal District Judge, Motor Accident Claims Tribunal, Ramanathapuram in M.C.O.P.No.79 of 2013 dated 08/01/2015 be and hereby is enhanced from Rs.6,15,000/- to Rs.10,78,000/- together with 7.5% interest per annum from the date of https://hcservices.ecourts.gov.in/hcservices/ Original Petition till the date of deposit.

2)That from total compensation of Rs.10,78,000/- the first claimant-mother will be entitled Rs.4,28,000/- and second and third claimants will be entitled Rs.2,50,000/- each, and the fourth claimant will be entitled Rs.1,50,000/-. 3)That the Insurance Company be and hereby is directed to deposit the entire amount, less the amount, if any already deposited, within a period of two months from the date of receipt of copy of this Judgment; and 4)the Civil Miscellaneous Appeal is disposal of accordingly. 5)That there be no costs in the appeal.

Sd/ Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To The Motor Accident Claims Trib unal, Principal District Judge, Ramanathapuram.

Copy to The Section Officer, V.R.Section, Madurai Bench of Madras High Court,Madurai.

+1cc to M/s.J.M.Hassanul Bazari, Advocate SR.No.47768 +1cc to M/s.B.Rajesh Saravanan, Advocate SR.No.47860 DATED: 18/08/2015 DECREE CMA(MD)No.853 of 2015 Nature of DECREE: Partly allowing the appeal against the Judgement and Decree passed by the Principal District Judge, Motor Accident Claims Tribunal, Ramanathapuram in M.C.O.P.No.79 https://hcservices.ecourts.gov.in/hcservices/ of 2013 etc., PA/SK-SKN/23.09.2016/2P/5C