Panneerselvam v. Murugesan

CMA(MD). No.1051 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Sixteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.VIJAYAKUMAR CMA(MD). No.1051 of 2017 Panneerselvam ...Appellant/claimant Vs 1 Murugesan

2 The Branch Manager National Insurance Co.Ltd. Kumbakonam Town & Munsifi Thanjavur District. ..Respondents/Respondents (R1-was set ex-parte before the tribunal,Hence notice may be given up against R1)

Prayer :-

Civil Miscellaneous Appeal filed under Section173 (1) of the Motor Vehicles Act,1988,to allowthe appeal to the effect that so as to Enhance the compensation the the rune of Rs.2,00,000/ in addition to compensation awarded by the Tribunal by set aside the judgment and decretal order made in M.C.O.P.No.29 of 2015, dated 30.06.2017 by the Motor Accidents Claims Tribunl/III Additional District and Sessions Judge, Thanjavur at Pattukkottai. ORDER:- This Civil Miscellaneous Appeal coming on for orders on this day and upon perusing the grounds of appeal and the material papers and the lower court records and upon hearing the arguments of S.Deenadhayalan, Advocate for the Appellant and of V.J.Kumaravel, Advocate for the2nd respondent and this court while allowing in part and modify the award, doth order and decree as follows;-

1)That the award of the Tribunal is be and hereby is modified and enhanced by an additional sum of Rs.25,000/-(Rupees twenty Five Thusand only). CMA(MD). No.1051 of 2017 2)That the enhanced award will carry interest at the rate of 7.5% per annum from the date of petition till the date of realization. 3)That there be no costs in this appeal. Sd/- Assistant Registrar (CS-II) // True Copy // /06/2023 Sub Assistant Registrar(CS) To The Motor Accidents Claims Tribunal/ III Additional District and Sessions Judge, Thanjavur at Pattukkottai. Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES). +1 CC to M/s.V.J.KUMARAVEL, Advocate ( SR-15732[F] dated 16/03/2023 ) +1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-16029[F] dated 17/03/2023 ) ORDER DATED : 16/03/2023 ========================== DECREE ========================== CMA(MD). No.1051 of 2017 Partly allowing the appeal agsinst the judgment and decretal

order

made

in M.C.O.P.No.29 of 2015, dated

30.06.2017

by

the

Motor Accidents Claims Tribunl/III Additional

District

and Sessions Judge, Thanjavur at Pattukkottai. SI/(12.06.2023) 2P/ 6C