Madras High CourtCMA(MD)/1069/2014partly allowed

Muthulashumi (Age 37 Yrs) v. Kumar,

2019-09-19Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.1069 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of September Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.1069 of 2014 1.MUTHULAKSHMI 2.GANESAN ... Petitioners/Appellants Vs 1 KUMAR, 2 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO.

THIRUVENGADASAMY ROAD, R.S.PURAM WEST, COIMBATORE.

... Respondents/Respondents Prayer :- The Civil Miscellaneous Appeal filed Under Section 173 of the Motor Vehicles Act, against the judgement and decree dated 30.08.2011 made in M.C.O.P.No.35 of 2009 of the file of the Additional District Judge cum Fast Track Judge, Dindigul. ORDER: This Appeal coming on for hearing on this day. Upon perusing the grounds of Appeals, the order of the Lower Court, and the material papers in this Appeal and upon hearing the arguments of Mr.J.Gunaseelan Muthiah, Advocate for the Appellants and no appearance either in person or by an Advocate for the Respondents and this court while allowing the appeal in part with modification of the award of the Tribunal below, doth order and decree as follows

1. that the award of the Tribunal below be and hereby is enhanced from Rs.4,07,460/- to 8,85,460/-(Rupees. Eight Lakhs Eighty five thousand four hundred and sixty only) with interest at 7.5% per annum as Compensation.

2.that the 2nd respondent herein/ Insurance Company be and hereby shall deposit the enhaned award amount with accrued interest and costs before the Tribunal, within a period of 3 weeks from the date of receipt of a copy of this judgment 3.that on such deposit the appellants herein/Claimant are entitled to withdraw the compensation.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.1069 of 2014 4.that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) TO

1. The Additional District Judge cum Fast Track Judge, Dindigul.

+1 CC to Mr.J.GUNASEELANMUTHIAH, Advocate SR-87815 ORDER DATED :19/09/2019 =========================== DECREE =========================== CMA(MD). No.1069 of 2014 Allowing the CMA(MD).No.1069 of 2014 preferred against judgment and decree passed by the Additional District Judge cum Fast Track Judge, Dindigul.made in M.C.O.P.No.35 of 2009 on 30.08.2011 etc. as stated within.

MK (14.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2