Madras High Court
Balamurugan vs Ramesh on 7 April, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.943 of 2014
Balamurugan :Appellant/Petitioner
.vs.
1.Ramesh
2.Shriram General Insurance Company,
Industrial Area, 10003-E RIICO,
Sitapura,
Jaipur,
Rajasthan – 302 022. :Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgement and decree made in
M.C.O.P.No.2of 2011, dated 29.10.2013, on the file of the Motor
Accidents Claim Tribunal cum-Sub-Court, Theni, Theni District.
For Appellant :Mr.B.Jeyakumar
For Respondent-1 :No appearance
For Respondent-2 :Mr.V.Sakthivel
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JUDGMENT
*********
This Civil Miscellaneous Appeal is filed against the judgment
and decree made in M.C.O.P.No.2 of 2011, dated 29.10.2013, on
the file of the Motor Accidents Claim Tribunal-cum Sub-Court, Theni,
Theni District.
2.The Claim Petitioner is the appellant herein seeking
enhancement of compensation against the award granted in
M.C.O.P.No.2 of 2011.
3.The learned counsel for the second respondent is heard on
the point of quantum of compensation.
4.The factum of the accident, manner of the accident and rash
and negligence on the part of the offending vehicle are not disputed
and hence, the findings of the Tribunal with regard to the same are
confirmed.
5.After perusing the award passed by the learned Tribunal, I
find that under Ex.P3-Medical Bills are produced to the tune of Rs.
40,699/- and Ex.P4-Medical Bills are produced to the tune of Rs.
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63,118/- before the Tribunal, seems to be just and reasonable,
however, the Tribunal has only granted Rs.49,860/- under the said
head. On a perusal of Ex.P3 and Ex.P4, I do not find any reason to
disallow the same, since it has been paid by the claimant during
treatment and the hospital authorities have also issued necessary
bills to that effect. Hence, this Court granted the award under the
head of Medical Bills, the above said amount of Rs.40699/-+Rs.
63118/- = Rs.1,03,817/-. In all other aspects, the award of the
Tribunal is kept intact. Thus the total award amount is enhanced to
Rs.2,01,817/- with interest at 7.5% p.a.
6.In the result, this Civil Miscellaneous Appeal is partly
allowed and the total award amount is enhanced from Rs.
1,47,860/-/- to Rs.2,01,817/- with interest at the rate of 7.5% p.a.,
from the date of claim petition till the date of realisation. The
second respondent/Insurance Compay is directed to deposit the
modified enhanced award amount with proportionate accrued
interest and costs, less the award amount, if any, already deposited,
within a period of eight weeks from the date of receipt of a copy of
this order. On such deposit being made,the appellant/claimant is
permitted to withdraw the modified award amount with accrued
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interest and costs, less the award amount, if any already withdrawn,
by filing necessary application before the Tribunal.The
appellant/claimant is directed to pay the additional Court fee for
enhanced award amount awarded by this Court to the credit of
C.M.A before the Registry. No costs.
07.04.2022
Index:Yes/No
Internet:Yes/No
vsn
Note: Registry is directed to draft the decree in this appeal
only after the payment of additional court fee by the claimant
for the enhanced award amount awarded by this Court.
To
1.The Motor Accidents Claims Tribunal,
Sub-Court,
Theni,
Theni District.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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RMT.TEEKAA RAMAN.,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)No.943 of 2014
07.04.2022
https://www.mhc.tn.gov.in/judis
