Madras High CourtCMA(MD)/595/2018partly allowed

T. Sathish Kannan v. A. Dhanalakshmi

2021-06-14Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of June Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CMA(MD). No.595 of 2018 T. SATHISH KANNAN ... Appellant/Petitioner Vs 1 A. DHANALAKSHMI 2 THE BRANCH MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.42/30-30, H.A.K. ROAD, GROUND FLOOR, CHINNACHOCKKIKULAM, NEAR ICICI BANK, MADURAI - 2. Respondents/Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award, dated 28.09.2015 made in MCOP No.49 of 2014 on the file of Motor Accident Claims Tribunal(Special Subordinate Judge), Madurai.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Thursday, Eleventh day of March 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.K.KUMARAVEL, Advocate for the Appellant and of MR.D.

(1) That the award of the Tribunal be and hereby is enhanced from Rs.3,20,000/-(Rupees Three Lakhs and Twenty Thousand Only) to Rs.4,61,500/-(Rupees Four Lakhs Sixty One Thousand and Five Hundred Only);

(2) That the interest at the rate of 7.5% per annum awarded by the tribunal is maintained;

(3) That the 2nd respondent/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 copy of this judgment;

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(4) On such deposit being made, the appellant/claimant is permitted to withdraw the modified amount, less the amount already withdrawn

without filling any formal petition before the Tribunal and the claimant shall pay the additional court fee for the enhanced amount; and

(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Special Subordinate Judge, Motor Accident Claims Tribunal, Madurai.

2.The S.A.R, A.E.Section, Madurai Bench of Madras High Court, Madurai Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-19248 dated 14/06/2021 ) ORDER DATED : 14/06/2021 ========================== DECREE ========================== CMA(MD). No.595 of 2018 Nature of Decree:- Partly allowing the Civil Miscellaneous Appeal preferred against the award, dated 28.09.2015 made in MCOP No.49 of 2014 on the file of Motor Accident Claims Tribunal(Special Subordinate Judge), Madurai etc., stated within.

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