Madras High CourtWP(MD)/175/2015disposed of

M. Kalyana Suntharam, v. The Assistant Executive

2015-01-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of April Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CMA(MD).No.175 of 2015 HDFC-ERGO General Insurance Co.Ltd., Rep.by its Divisional Manager, 559/528, 2nd Floor, Anna Salai Tenampet, Chennai.

Appellant/2nd Respondent Vs 1.V.Ganesh 1st Respondent/Petitioner 2.S.Balasubramaniam 2nd Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award, dated 10/06/2014 made in M.C.O.P.No.237 of 2010 on the file of the Motor Accidents Claims Tribunal (IV Additional Subordinate Judge), Madurai. DECREE:-This Civil Miscellaneous Appeal having come upon for hearing on Friday, the Twenty Nineth day of January 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.G.Maruthiah, Advocate for the Appellant, Mr.R.

Saravanan, Advocate for the First Respondent and Second Respondent did not appeared either in person or by Advocate, and having stood over consideration till this date, and this court while Allowing this Appeal in Part and Modifying the award passed by the tribunal below, doth order and decree as follows:- (1)That the award passed by the Motor Accident Claims Tribunal (IV Additional Subordinate Judge), Madurai, dated 10/066/2014 made in M.C.O.P.No.237 of 2010 be and hereby is enhanced to Rs.2,64,000/- (Rupees Two Lakhs Sixty Four Thousand Only) from Rs.2,28,040 and the rate of interest 7.5% p.a awarded by tribunal shall be maintained.

(2)that the Appellant herein/Insurance Company be and hereby is directed to deposit the modified award amount together with accrued interest and costs, less the amount already deposited, within a period of six weeks from the date of receipt of a copy of this judgment.

(3)that on such deposit being made, the 1st Respondent herein/1st Claimant be and hereby is permitted to withdraw the entire amount, less the amount already withdrawn if any. https://hcservices.ecourts.gov.in/hcservices/

(4) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Motor Accidents Claims Tribunal, IV Additional Subordinate Judge, Madurai.

Copy to:

The Section officer,(2C) Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.R.Saravanan, Advocate in S.R.No.17847. ORDER DATED : 27/04/2021 ========================== DECREE ========================== CMA(MD).No.175 of 2015 Nature of Decree:-While Allowing this Appeal in Part gainst the award of the Motor Accident Claims Tribunal (IV Additional Subordinate Judge), Madurai, made in MCOP.No.237 of 2010 dated 10/06/2014, etc,as stated within.

KB(28.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/