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Madras High CourtCMP(MD)/3797/2018ordered

G. Muthulakshmi v. G. Ravisankar

2018-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3797 of 2018 IN CMA(MD) No.SR8838 of 2018 1 G. MUTHULAKSHMI 2 G. SATHISH 3 G. ESWARI MINOR PRABHAKARAN (DIED) ... APPELLANTS/PETITIONERS Vs 1 G. RAVISANKAR 2 THE RELIANCE GENERAL INSURANCE CO., LTD., THROUGH ITS AUTHORIZED SIGNATORY, PLOT NO.HIG-55, MEENATCHI PLAZA, 80 FEET ROAD, ANNA NAGAR, MADURAI. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to file this appeal seeking enhancement of compensation more than the claimed already in M.C.O.P.No.523 of 2014 on the file of Motor Accident Claims Tribunal, Special District Judge, Madurai and thus render justice.

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.I.SUTHAKARAN, Advocate for the petitioner and the court made the following order:- The learned counsel for the appellants would submit that the first appellant's husband, namely, Gunasekaran, died in consequence to the accident in question and the appellants as claimants, have filed the claim petition before the tribunal seeking a sum of Rs.15,00,000/- as compensation, wherein, the tribunal has awarded a sum of Rs.10,57,000/-.

2. According to the appellants/claimants, as per the latest verdicts of the Hon'ble Apex Court, they are entitled for more compensation than the one that was actually claimed before the tribunal and hence, they filed this civil miscellaneous petition seeking permission of this Court for filing this appeal for enhancement of compensation.

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3. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to allow this petition and the same is accordingly, ordered. sd/- 20/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI

ORDER

IN CMP(MD) No.3797 of 2018 IN CMA(MD) No.SR8838 of 2018 Date :20/04/2018 SMA/PMI/ASVM/25.04.2018:2P/2C https://hcservices.ecourts.gov.in/hcservices/