← Library
Madras High CourtCMA(MD)/390/2019partly allowed

Rajendran v. K.Saravanakumar

2021-08-23Honourable Mr Justice K.Murali Shankar2 pages

CMA(MD). No.390 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Sixth day of August Two Thousand Nineteen

Present

The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD). No.390 of 2019 Rajendran, S/o.Ponnuchamy, D.No.1/479, Gandhi Nagar, Virudhunagar.

... Petitioner/Claimant Vs 1 K.Saravanakumar, S/o.Karuppasamy D.No.10 Vellaiyan Street Ward No.15 Virudhunagar.

2 The Branch Manager, United India Insurance Company Ltd Madurai Road Virudhunagar.

... Respondent/Respondent/Complainant Prayer :- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicle Act, to enhance the compensation amount from Rs.1,81,000/- to Rs.10,00,000/- in MCOP. No.30/2015 on the file of the Motor Accident Claims Tribunal/Additional District Judge, Virudhunagar dated 29.06.2017.

ORDER:- This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.K.KUMARAVEL, Advocate for the Appellant and of MR.J.S.MURALI, Advocate for the respondentnO.2, this Court made the following order:

Heard.

2.The learned counsel appearing for the appellant / claimant would state that this matter has been referred to the Medical Board at Government General Hospital, Virudhunagar, vide order, dated 10.06.2019 and the appellant / claimant was directed to be present before the Medical Board on 20.06.2019. Accordingly, the appellant / claimant was appeared before the Medical Board on 20.06.2019. But, till date, the Medical Board did not send its report to the Registry.

3.It is seen that this Court, vide order, dated 10.06.2019, referred the matter to the Medical Board, so as to assess the disability of the appellant / claimant and also directed the Medical Board to send the report forthwith and since the report has https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.390 of 2019 not been received, the Registry, vide order dated 09.08.2019, has sent a reminder to the Medical Board at Government General Hospital, Virudhunagar, to submit the report on or before 26.08.2019 (today). But, till date, the Medical Board did not send its report to the Registry. Therefore, the Chairman, Medical Board at Government General Hospital, Virudhunagar, is directed to depute a responsible officer to be present before this Court on 29.08.2019 along with the report / Certificate of Disability in respect of the appellant / claimant.

4.The Registry is also directed to issue a copy of this order to the appellant / claimant so as to communicate the same to the Chairman, Medical Board at Government General Hospital, Virudhunagar.

5.Post on 29.08.2019.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) TO

1. The Chairman, Medical Board, Government General Hospital, virudhunagar.

2.

Rajendran, S/o.Ponnuchamy, D.No.1/479, Gandhi Nagar, Virudhunagar.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 26/08/2019

ORDER

CMA(MD). No.390 of 2019 Giving direction and etc.

as stated within.

GRC(CO) TR (26.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2