Partly allowed

Govindan @ Govindu v. M.Sithik Ali

Madras HC17 Oct 2019CMA(MD)/712/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court entertained a Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award. The court partially allowed the appeal, enhancing the awarded compensation from Rs. 4,81,000 to Rs. 7,11,000 with interest, and directed the insurer to deposit the sum.

What did the court decide?

Compensation enhanced to Rs. 7,11,000 with 7.5% interest; Insurance company directed to deposit the amount within three weeks; Tribunal to transfer shares to claimants.

Govindan @ Govindu Vs M.Sithik Ali — Insurance | Madras HC (2019)

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CMA(MD). No.712 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Seventeenth day of October Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.712 of 2019

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Govindan @ Govindu, S/o.Periyasamy

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G. Palanislvi, W/o.Govindan @ Govindu,

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(Both are residing at Door No.4/210, Padaiyachi Street, Nambuthalai, Thiruvadanai, Ramanathapuram District.

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... Appellants / Petitioners

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1 M.Sithik Ali,

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S/o.Moopathi, Door No.2/106, Nambuthalai Thiruvadanai Taluk, Ramanathapuram District.

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2 M/s.TATA AIG GENARAL INSURANCE Co., Ltd.,

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Rep by its Divisional Manager,,

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Divisional Office, No. 4 and 5, A.A.Towers,,

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North Block, Bypass Road, Madurai - 625010.

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... Respondents / Respondents

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(1^st respondent set ex-parte before the Tribunal

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Hence, Notice to the 1^st respondent may be dispensed with)

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Prayer :: Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988, against the award and decree passed in M.C.O.P. No.347 of 2014, dated 06/07/2018 on the file of the Motor Accident Claims Tribunal, Special District Judge, Madurai.

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Order: This Civil Miscellaneous Appeal coming up for hearing on this day; upon perusing the grounds of Appeal, the award of the Tribunal and the material papers to this case and upon hearing the arguments of Mr. N. Sudhagar Nagaraj, Advocate for the Appellants and the 1^st respondent having been set ex-parte before the Trubunal and the second respondent having not appeared either in person or through a Counsel; this Court while allowing the Appeal in Part and enhancing the compensation awarded by the tribunal below, doth order and decree as follows: -

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1 . That the compensation awarded under tge award and decree award of the Tribunal below from Rs.4,81,000/- (Rupees four lakhs Eighty one thousand only) to a sum of Rs.7,11,000/(Rupees Seven Lakhs Eleven thousand only)along with interest https://hcservices.ecourts.gov.in/hcservices/

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1/2

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CMA(MD). No.712 of 2019

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at the rate of 7.5% per annum from the date of petition till the date of deposit with proportionate cost;

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2 . That the second respondent herein/ Insurance Company do deposit the entire award amount of Rs.7,11,000/- (Rupees Seven Lakhs Eleven thousand only) along with accrued interest and costs, less the amount already deposited, if any, to the credit of the M.C.O.P. No.347 of 2014 on the file of the Motor Accident Claims Tribunal, Special District Judge, Madurai within a period of Three weeks from the date of receipt of a copy of this judgment;

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3.That on such deposit being made, the Tribunal is be and hereby is directed to transfer the respective shares of the claimants as per the apportionment made in M.C.O.P. directly to the Bank Account of the respective claimants through RTGS within a period of three weeks thereafter;

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4.That there be no order as to costs in this Civil Miscellaneous Appeal.

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Sd/-

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Assistant Registrar (CS-III)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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The Special District Court, Motor Accident Claims Tribunal, Madurai.

Copy to:

The Section Officer,

V.R. Section,

Madurai Bench of Madras High Court, Madurai - 2 Copies

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1CC to Mr. N. Sudhagar Nagaraj, Advocate in Sr. No.92692

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ORDER DATED 17.10.2019

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DECREE C.M.A (MD). No. 712 of 2019

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Allowing in part the Civil Miscellaneous Appeal preferred against the award passed in M.C.O.P. No.347 of 2014, dated 06/07/2018 on the file of the Motor Accident Claims Tribunal, Special District Judge, Madurai etc., as stated within.

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https://hcservices.ecourts.gov.in/hcservices/ SDS(24.01.2020) 2P-5C

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Govindan @ Govindu v. M.Sithik Ali

Case brief

What is this about?

What did the court decide?

Govindan @ Govindu v. M.Sithik Ali

Case brief

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What did the court decide?

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