A.Mareeswaran v. M.Chellapandi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN A.Mareeswaran ... Appellant/Petitioner(Claimant) Vs
1. M.Chellapandi
2. K.Marimuthu
3. The Claims Manager Sriram General Inusurance Co Ltd, No.66, City Centre Complex, Thirumalai Pillai Road,, T.nagar, Chennai - 600 017.
4. The Managing Director, Tamil Nadu State Transport Corporation(Madurai) Ltd., Bye Pass Road, Madurai 10.
... Respondents/Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award of the Motor Accidents Claims Tribunal (Sub Court), Srivilliputhur dated 06.11.2017 made in M.C.O.P.No.109 of 2012.
DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Tuesday, the Fifteenth day of March, Two Thousand and Twenty Two, upon perusing the Grounds of Appeal, the AWARD of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr.N.TAMILMANI, Advocate for the Appellant and of Mr.V.SAKTHIVEL, Advocate for 3rd Respondent and of Mr.K.SUDALAIYANDI, Advocate for 4th Respondent and Respondents 1 and 2 not appeared either in person or by an advocate having stood over for consideration, till this date, this Court while in modifying the award of the Tribunal and allowing this Appeal in part, doth order and decree as follows:- 1/3
(1) That, the award passed by the Motor Accidents Claims Tribunal (Sub Court), Srivilliputhur dated 06.11.2017 made in M.C.O.P.No.109 of 2012 be and hereby enhanced from 10,36,226/- to Rs.10,97,226/- (Rupees Ten Lakhs Ninety Seven Thousand Two hundred and Twenty Six only);
(2) that, the third Respondent/Insurance Company be and is hereby directed to deposit the award amount of Rs.10,97,226/- (Rupees Ten Lakhs Ninety Seven Thousand Two hundred and Twenty Six only) with interest at 7.5% p.a. from the date of claim petition till the date of realisation, less the award amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this order;
(3) that, on such deposit being made, the claimant be and is hereby permitted to withdraw the award amount so deposited, less the award amount, if any already withdrawn, by filling necessary application before the Tribunal and
(4) That, there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Sub Judge/ Motor Accidents Claims Tribunal, Srivilliputhur.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.N.TAMILMANI, Advocate ( SR-14127 ) +2 CC to Mr.V.SAKTHIVEL, Advocate ( SR-14184 and SR-15112 ) +1 CC to Mr.K.SUDALAIYANDI, Advocate ( SR-14955 ) 2/3
ORDER DATED : 25/03/2022 ========================== DECREE ========================== Nature of Decree:- Allowing the Civil Miscellaneous Appeal in part, preferred against the award of the Motor Accidents Claims Tribunal (Sub Court), Srivilliputhur dated 06.11.2017 made in M.C.O.P.No.109 of 2012 and etc., as stated within svs(CO) TR(04.05.2022) 3P 8C 3/3