Ra.Muruganantham v. V.S.Vijaya Nanthakumar

CMA(MD). No. 580 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Wednesday, Second day of Februay Two Thousand Twenty two THE HONOURABLE MRS.JUSTICE S.ANANTHI CMA(MD)No.580 of 2021 Vinukumar ... Appellant/Petitioner vs.

1.Rukmani 2.United India Insurance Company Limited, Through its Branch Manager, Office at Thiruppur. ... Respondents/Respondent 1 & 2 PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 06.04.2018 in MCOP.No.1222/2016 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Tirunelveli. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this day, 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.T. Selvakumaran, Advocate for the Appellant, Mr.J.S.Murali, Advocate For Respondent No.2, and none appeared for Respondent No.1 either in person or through counsel, while partly allowing this Appeal and doth order and decree as follows:- i)that The compensation awarded by the Tribunal is enhanced to Rs.3,15,000/- (Rupees three lakhs Fifteen thousand only) from Rs.2,15,000/-.

ii)that the appellant / claimant be and hereby is directed to pay court fee for the enhanced compensation amount, if any. iii)that the second respondent is directed to deposit the enhanced compensation amount i.e., Rs.3,15,000/- (less the amount already deposited, if any) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit (exempting interest for the delay period of 800 days) to the credit of MCOP.No.1222/2016 on the file of the Motor Accident Claims Tribunal, Principal District Court, Tirunelveli within a period of six weeks from the date of receipt of a copy of this order.

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CMA(MD). No. 580 of 2021 iv)that On such deposit is being made, the appellant / claimant is at liberty to withdraw the same after following due process of law.

v)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Principal District Judge, 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.T.Selvakumaran, Advc, Sr4076 +1 cc to M/s.J.S.Murali, Advc, SR3784 ====================== Decree ======================= C.M.A.(MD)No. 580 of partly Allowing CMA (MD).No.580 of 2021 filed against the Judgment and decree dated 06.04.2018 in MCOP.No.1222/2016 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Tirunelveli., etc., as stated therein., MGJ(10.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2