Ramaiah v. Gopalakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Third day of March Two Thousand and Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMA(MD) No.627 of 2013 Ramaiah ... Appellant/Petitioner Vs.

1. Gopalakrishnan

2. The Branch Manager, Sriram General Insurance Company Ltd., E-8, Sithapararicko Industrial Estate, Jaipur, Rajasthan State. ... Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and decreetal order of the Subordinate Judge, Motor Accident Claims Tribunal, Pudukkottai dated 11.10.2012, and made in M.C.O.P.No.37 of 2012. DECREE: This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the order of the Lower Court, and the material papers available in the petition and upon hearing the arguments of Mr.N.Balakrishnan, Advocate for the Appellant herein and the Respondents not appearing either in person or by Advocate, this court, while allowing the Appeal in part ,doth order and decree as follows:-

1. That the compensation amount awarded by order dated 11.10.2012 made in M.C.O.P.No.37 of 2012 on the file of the subordinate Court -cum- Motor Accidents Claim Tribunal, Pudukkottai be and hereby is enhanced from Rs.2,19,500/-(Rupees Two Lakhs Ninteen Thousand and Five Hundred Only) to a sum of Rs.2,74,500/- (Rupees Two Lakhs Seventy Four Thousand and Five Hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs,

2. That the Appellant/Claimant be and hereby is directed to submit his Saving Bank Account Detail along with the copy of his passbook to the Tribunal below forthwith;

3. That the Second respondent/insurance Company shall deposit the entire Award amount along with accrued interest and costs, less the amount deposited already, if any, to the credit of MCOP No.37 of 2012 on the file of the Tribunal below within a period of Eight Weeks from the date of receipt of a copy of this judgment; https://hcservices.ecourts.gov.in/hcservices/

4. That the Tribunal below shall transfer the entire Award amount along with accrued interest and costs directly to the personal Savings Bank Account Number of the Appellant/Claimant , through RTGS/NEFT System, after getting his Account Details, within period of two weeks thereafter, and

5. That there be no costs in the present Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Pudukkottai.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.N.Balakrishnan , Advocate in SR.No. 17502 VB/JC/SAR2/29.06.2017/2P/4C ORDER DATED: 23/03/2017 D E C R E E C.M.A.(MD)No.627 of 2013 Nature of Decree: Allowing the Appeal in part preferred against the Award dated 11.10.2012,in M.C.O.P.No.37 of 2012 on the file of the Subordinate Court -cum-, Motor Accident Claims Tribunal, Pudukkottai and giving directs etc., as stated therein.

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