Madras High CourtCMA(MD)/464/2021partly allowed

M.Thamaraikani v. R.Yasar Arabath

2021-10-08Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.464 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the eighth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.Ananthi CMA(MD). No.464 of 2021 A.Thamaraikani ... Appellant/ Claimant Vs 1.R.Yasar Arabath 2.S.Saravanan 3.The Branch Manager, United India Insurance Co Ltd, D.No:5/1,Azhagubagavali Complex, Kailasapuram Middle Street, Tirunelveli District.

Respondents/ Respondents Prayer:- This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to allow this Civil Miscellaneous Appeal, by setting aside the order and decree made in passed in M.C.O.P. No 80 of 2018 dated 03.02.2021 on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Srivilliputtur. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Wednesday the Twenty Second day of September Two Thousand and Twenty One 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.M.Thirunavukkarasu, Advocate for the Appellant and of MR.A.Shajahan, Advocate for the Respondent 3 and none appeared either in person or through advocates, for Respondents No.

1 and 2 having stood over the consideration till this date this Court while allowing this appeal in part and doth order and decree as follows:- (1)That the award passed by the Motor Accident Claims Tribunal / Principal Sub Court ,Srivilliputtur in M.C.O.P.No 80 of 2018 dated 03.02.2021 be and hereby is modified by enhancing the compensation amount from Rs.39,57,688 to Rs.40,35,636(Rupees Fourty Lakhs Thirty Five Thousand Six Hundred and Thirty Six only)with interest 7.5% from the date of petition till the date of https://hcservices.ecourts.gov.

CMA(MD). No.464 of 2021 realization, (2)That all the other terms the tribunal awarded is confirmed

(3) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Principal Sub Court, Motor Accident Claims Tribunal, Srivilliputtur.

Copy to:

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

+1 cc Mr.M.Thirunavukkarasu, Advocate (SR No 31882 Dated 11/10/2021) ORDER DATED : 08/10/2021 ========================== DECREE ========================== CMA(MD). No.464 of 2021 Nature of Decree:- Allowing in Part the C.M.A. preferred against the judgment and decree dated 03.02.2021 made in M.C.O.P. No 80 of 2018 by the Motor Accidents Claims Tribunal / Principal Sub Court, Srivilliputur etc., as stated within.

SB(22.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2