K.Munuswamy vs V.Poosathurai
2023 Latest Caselaw 13665 Mad

                                                                              C.M.A.No.3067 of 2013

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 09.10.2023

                                                          CORAM

                                    THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                 C.M.A.No.3067 of 2013

                     K.Munuswamy                                         ... Appellant

                                                            Vs.

                     1.V.Poosathurai

                     2.Bajaj Allianz General Insurance Co. Ltd.,
                       New No.209/1, Old No.209/3,
                       2nd Floor, M.T.H.Road,
                       Ambattur,
                       Chennai – 600 053.                                ... Respondents


                     Prayer:
                                  Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988, against the fair and decreetal order dated
                     18.01.2013 in M.C.O.P.No.2376 of 2009 on the file of the Motor
                     Accidents Claims Tribunal, VI Judge, Court of Small Causes, at
                     Chennai.


                                       For Appellant   : M/s.Ramya V.Rao
                                       For Respondents : R1 – No Appearance
                                                         Mr.T.K.Premkumar for R2


                                                      JUDGMENT

This appeal has been filed by the appellant/ claimant seeking

https://www.mhc.tn.gov.in/judis C.M.A.No.3067 of 2013

enhancement of the compensation awarded by the Motor Accidents

Claims Tribunal, VI Judge, Court of Small Causes, at Chennai in the

order dated 18.01.2013 in M.C.O.P.No.2376 of 2009.

2.The appellant/ claimant had filed claim petition in

M.C.O.P.No.2376 of 2009 before the Motor Accidents Claims Tribunal,

VI Judge, Court of Small Causes, at Chennai claiming a sum of Rs.6

Lakhs for the injuries sustained by him and the Tribunal vide order

dated 18.01.2013 awarded a sum of Rs.3,60,000/- along with interest

at the rate of 7.5% per annum from the date of numbering of petition

i.e., 07.08.2009 till the date of deposit as compensation. Aggrieved

by the same, the claimant has preferred this appeal.

3.When the matter is taken up for consideration, the learned

counsel appearing for the appellant as well as the learned counsel

appearing for the second respondent Insurance Company, on

instructions, submitted that during the pendancy of this appeal, the

matter was amicably settled inbetween the parties and the second

respondent Insurance Company agreed to pay a sum of Rs.1,75,000/-

in full quit as compensation to the appellant/ claimant and the

appellant agreed to receive the same.

https://www.mhc.tn.gov.in/judis C.M.A.No.3067 of 2013

4.In view of the above, the second respondent Insurance

Company is directed to pay the modified amount of Rs.1,75,000/-

(Rupees One Lakh and Seventy Five Thousand Only) in full quit, as

compensation to the appellant/ claimant directly to the appellant/

claimant, within a period of six weeks from the date of receipt of a

copy of this judgment.

5.The civil miscellaneous appeal is accordingly disposed of. No

costs.

09.10.2023 pri

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The Motor Accidents Claims Tribunal, VI Judge, Court of Small Causes, at Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.3067 of 2013

M.DHANDAPANI,J.

pri

C.M.A.No.3067 of 2013

09.10.2023

https://www.mhc.tn.gov.in/judis