Madras High CourtCMA(MD)/368/2019partly allowed

S.Rengarajan, v. M.Sathamussain,

2019-09-25Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.368 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Wednesday,the Twenty Fifth day of September Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.368 of 2019 S.RENGARAJAN ... Appellant/Claimant Vs 1 M.SATHAMUSSAIN 2 THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO LTD, NO.II, KJR COMPLEX, IST FLOOR, NO.16, NORTH VELI STREET, MADURAI.

... Respondents/Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree dated 24.04.2018 in M.C.O.P.No.519 of 2018 on the file of the Motor Accident Claims Tribunal/ IV Additional Sub Judge, Madurai. DECREE:- This Civil Miscellaneous Appeal having come up for 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. K.KUMARAVEL, Advocate for the Appellant and of MR. C.JAWAHAR RAVINDRAN, Advocate for the 2nd respondent, None appeared either in person or by an advocate for the 1st respondent,this Court while allowing the appeal in part doth order and decree as follows:-

(1) That the award of the tribunal is enhancing from Rs. 3,98,100/- to Rs. 8,43,700/-(Rupees Eight lakhs Forty Three Thousand and Seven Hundred only).

(2) That the respondent herein/insurance company be and hereby is directed to deposit the entire award amount i.e Rs. 8,43,700/- (Rupees Eight lakhs Forty Three Thousand and Seven Hundred only) along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of realization, within a period of 8(eight) weeks from the date of receipt of copy of this judgment, less the amount already deposited if any. https://hcservices.ecourts.gov.in/hcservices/

CMA(MD). No.368 of 2019

(3) That on such deposit being made, the Tribunal be and hereby is directed to transfer the award amount to the appellant/claimant's accounts by way of RTGS, within a period of three weeks thereafter.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) To The IV Additional Sub Judge, Motor Accident Claims Tribunal, Madurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.C.JAWAHAR RAVINDRAN, Advocate ( SR-89962[F] dated 27/09/2019 ) +1 CC to M/s.K.KUMARAVEL, Advocate ( SR-90308[F] dated 30/09/2019 ) ORDER DATED: 25/09/2019 ========================== DECREE ========================== CMA(MD). No.368 of 2019 Nature of Decree:- Partly Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 24.04.2018 in M.C.O.P.No.519 of 2018 on the file of the Motor Accident Claims Tribunal/ IV Additional Sub Judge, Madurai.

KK/16.03.2020/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/