Madras High CourtCMA(MD)/907/2019partly allowed

V.Murugan v. T.King Nikson, S/O.Dharmaraj Selvamani,

2022-03-24Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMA(MD). No.907 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMA(MD). No.907 of 2019 V.Murugan ...Appellant/Petitioner Vs

1. T.King Nikson

2. Claims Manager, Cholamandalam M.S.General Insurance Co. Ltd., Dare House, 2nd Floor, N.S.C. Bose Road, Chennai-600 001. ... 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/Principal Sub Court, Srivilliputhur dated 28.06.2019 made in M.C.O.P.No.92 of 2015.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Thursday, the Seventeenth 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.MALAIYENDRAN, advocate for the 1st Respondent and of Mrs.K.R.SHIVASHANKARI, Advocate for the 2nd Respondent having stood over for consideration, till this date, the appellant herein having paid the court fee, this Court doth order and decree as follows:- (i) That, the quantum of compensation awarded by the Motor Accidents Claims Tribunal/Principal Sub Court, Srivilliputhur dated 28.06.2019 made in M.C.O.P.No.92 of 2015 be and is hereby enhanced from Rs.4,65,436/- to Rs.4,95,436/- (Rupees Four Lakhs Ninety five thousand Four Hundred and Thirty Six only) which shall carry interest at the rate of 7.5% per annum.

(ii) that, the 2nd respondent herein/Cholamandalam M.S.General Insurance Co. Ltd., be and is hereby directed to deposit the entire compensation of Rs.4,95,436/- (Rupees Four Lakhs Ninety five thousand Four Hundred and Thirty Six only) (if not already https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.907 of 2019 deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.No.92 of 2015 on the file of the Motor Accident Claims Tribunal/ Principal Sub Court, Srivilliputhur within a period of eight weeks from the date of receipt of a copy of this order . (iii) that, on such deposit being made by the Insurance company, the appellant/claimant be and is hereby permitted to withdraw the entire amount, after following due process of law. (iv) that, there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Principal Sub Judge/ Motor Accident 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-14128 ) +1 CC to Mr.K.R.SHIVA SHANKARI, Advocate ( SR-14644 ) ORDER DATED : 24/03/2022 ========================== DECREE ========================== CMA(MD). No.907 of 2019 Nature of Decree:- Allowing the Civil Miscellaneous Appeal in part preferred against the award of the Motor Accidents Claims Tribunal/Principal Sub Court, Srivilliputhur dated 28.06.2019 made in M.C.O.P.No.92 of 2015 .

RD(08.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2