The appellant challenged an enhancement of compensation order dated 12.11.2018 where the Court had already disposed of the underlying matter. Holding that nothing survived in the appeal, the Court dismissed the Civil Miscellaneous Appeal without any order.
Civil Miscellaneous Appeal dismissed. No further order required. No cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2020
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.M.A.No.132 of 2016 and C.M.P.No.1897 of 2016 (Heard through video conferencing)
Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Salai, Rep. by its Managing Director, Pallavan Salai, Chennai 600 002. ...Appellant/Respondent Vs M.Rajan, S/o.Mathiyazhagan, No.13, Thendral Nagar, Ambedkar Nagar Main Road, Thirumullaivoyal, Chennai 600 062. ...Respondent/Pettioner
Prayer:- This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.04.2015 made in M.C.O.P.No.4426 of 2010 on the file of the Motor Accidents Tribunal and Special Sub JudgeII, Chennai.
For Appellant :Mr.S.S.Swaminathan For Respondent :No Appearance JUDGMENT
(Heard through video conference)
The learned counsel for the appellant would state that the claimant/respondent filed appeal for enhancement of compensation in C.M.A.No.2058 of 2015 and this Court after analysing the Tribunal award has enhanced the compensation from a sum of Rs.2,60,000/- to Rs.2,78,000/- by order dated 12.11.2018.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1. The Special Sub Judge-II,
Motor Accident Claim Tribunal, Chennai
2. The Section Officer,
VR Section,
High Court, Madras.
C.M.A.No.132 of 2016
and C.M.P.No.1897 of 2016
pp(co)
rv(25/9/2020)
1 issue framed by the court
Whether an appeal against an enhancement of compensation order requires a fresh decision when the impugned order finds no surviving issues.
1 provisions across 1 enactments
Metropolitan Transport Corporation (Chennai) Ltd
M. Rajan
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
