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Madras High CourtCMP(MD)/362/2016ordered

M.Rengammal v. R.Dineshkumar

2016-03-10Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of March Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.362 of 2016 IN CMA(MD) No.SR29 of 2014 1 M.RENGAMMAL 2 M.MAHALAKSHMI 3 M.MALATHY ... PETITIONERS/APPELLANTS Vs 1 R.DINESHKUMAR 2 M/S. UNITED INDIA INSURANCE COMPANY LIMITED, REP BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, 7 A, WEST VELI STREET, MADURAI-1. ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD) No.362 of 2016 in CMA(MD) No.SR29 of 2014: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to enhance the claim amount from Rs. 10,00,000/- to Rs. 12,38,600/- MCOP.No.2137/2008 on the file of the Motor Accident Claims Tribunal (Additional District Judge / Fast Track Court No.3), Madurai dated 28.01.2012 in CMA.(MD).SR.No.29/2014 and thus render justice.

Prayer in CMA(MD) No.SR29 of 2014:

To prefer this Civil Miscellaneous Appeal against the Judgment and Decree passed in MCOP.No.2137/2008 dated 28.01.2012 on the file Motor Accident Claims Tribunal Additional District Court/Fast Track Court No.3, Madurai.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.THEETHAR, Advocate for the petitioners and of MR.J.S.MURALI, Advocate for R2, the court made the following order:- The petitioners filed claim petition in M.C.O.P.No.2137 of 2008 claiming a sum of Rs.10,00,000/- for the death of husband of first petitioner and father of the petitioners 2 and 3. The Tribunal awarded a sum of Rs.7,38,600/-. Aggrieved by the said order, dated 28.01.2012, the petitioners filed C.M.A.No.SR 29 of 2014 for enhancement of compensation. Now the petitioner has come out with the present petition to permit the petitioner to enhance the claim amount from 10,00,000/- to Rs.12,38,600/-.

2.The learned counsel appearing for the Insurance Company has no objection for allowing the petition.

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3.Being satisfied with the reasons and recording the no objection, this petition is ordered on payment of Court fee. sd/- 10/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (ADDITIONAL DISTRICT JUDGE/FAST TRACK COURT NO.3), MADURAI.

ORDER

IN CMP(MD) No.362 of 2016 IN CMA(MD) No.SR29 of 2014 Date :10/03/2016 AM SH/SKS-RR/AR-I : 14/03/2016 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/