S.Srinivasan v. Murugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighth day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD) No.1475 of 2011 S.Srinivasan .. Appellant/Claimant -Vs1.Murugan 2.The Branch Manager, The United India Insurance Company Ltd., Dindigul.

3.Thirunavukkarasu 4.The Branch Manager, The National Insurance Company Ltd., Trichy ... Respondents/Respondents This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act,1988 against the Judgment and Decree of the Principal Subordinate Judge, The Motor Accident Claims Tribunal( The Principal Subordinate Court),Dindigul dated 01.06.2011. passed in M.C.O.P.NO.469 Of 2005 ORDER : This Civil Miscellaneous Appeal is coming on for hearing on this day; upon perusing the grounds of Appeal, the order of the Tribunal and the material papers available to this case, and upon hearing the arguments of M/S.N.Shanmugaselvam, Advocate for the second respondent and of Mr.D.Sivaraman, Advocate for the fourth respondent and the first respondent did not appear eigher in person or through Advocate, this Court, while allowing the Appeal in part and in modification of the Award of the Tribunal, doth order and decrees as follows:

1.That the compensation awarded under Judgment and decree dated 01.06.2011. passed in M.C.O.P.NO.469 Of 2005 on the file of the Motor Accident Claims Tribunal/ Principal Subordinate Court,Dindigul be and hereby is enhanced from Rs.1,16,000/-(Rupees One Lakh and Sixteen Thousand only) to a sum of Rs.1,60,000/-(Rupees One Lakh and Sixty Thousand only);

2.That the Respondent Nos.2 and 4/Insurance Company do deposit the entire compensation amount jointly or severally with

interest and costs to the credit of MCOP.NO.469 of 2005 on the file of the Motor Accident Claims Tribunal/ Principal Subordinate Court,Dindigul within a period of four weeks from the date of receipt of a copy of this judgement, less the amount already deposited, if any;

3.That on such deposit is being made, the Appellant herein/Claimant shall withdraw the same by filing necessary application before the Tribunal below:

4.And that there be no cost in this Civil Miscellaneous Appeal Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To, 1.The Principal Subordinate Judge Motor Accident Claims Tribunal, Principal Sub-Court, Dindigul 2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1cc to M/s.N.Shanmuga Selvam, Advocate, SR.No.85023 and 85024 +1cc to M/s.J.S.Murali,Advocate, SR.No.85298 and 85297 +1cc to M/s.D.Sivaraman,Advocate, SR.No.85307 ORDER DATED:18.09.2018 DECREE CMA(MD) No.1475 of 2011 Nature of Decree: Allowing the Appeal in part preferred against the J/D dated.01.06.2011 passed in Date :08/03/2019 M.C.O.P.NO.469 Of 2005 on the file of the MACT/Prl.Sub.Court Dindigul and giving directions etc. as stated within SP/30.03.2019/ 2P/7C