Partly allowed

Ajmol Abraham v. T.Teekaram

Madras HC17 Jul 2020CMA/2104/2013

Case brief

AI extract

What is this about?

The High Court allowed a civil miscellaneous appeal against an award of the Motor Accidents Claims Tribunal. The Court enhanced the compensation amount from Rs. 1,70,000 to Rs. 4,20,000 along with interest, while confirming the apportionment of shares.

What did the court decide?

The award of the Tribunal enhanced from Rs. 1,70,000 to Rs. 4,20,000 with interest at 7.5% p.a.; apportionment of shares confirmed; insurance company directed to deposit the enhanced amount within six

Ajmol Abraham Vs T.Teekaram — Motor Accident Claims | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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FRIDAY, THE SEVENTEENTH DAY OF JULY

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TWO THOUSAND AND TWENTY

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PRESENT :

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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AND

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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CIVIL MISCELLANEOUS APPEAL NO.2104 OF 2013

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1.Ajmol Abraham

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2.Deepu Kurian ...Appellants / Petitioners

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Vs

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1.T.Teekaram

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2.The New India Assurance Co.Ltd.,
 No.514/515, Gandhi Road,
 Kancheepuram.
 (now operating from Motor Third
 Party Claims Office,

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 No.45, Moore Street, Chennai-1) ...Respondents / Respondents
 (R-1 exparte in Lower Court)

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Common Prayer : Civil Miscellaneous Appeal filed under Section
173 of Motor Vehicles Act, 1988 against the award and Decree
dated 24.11.2011 made in M.C.O.P.No.3197 of 2007 on the file of
Motor Accidents Claims Tribunal, Chief Judge, Court of Small
Causes, Chennai.

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Decree : This Civil Miscellaneous Appeal coming on for hearing
on this day upon perusing the grounds of Appeal, the award of
the Tribunal below and the material papers in this case and upon
hearing the arguments of Mr.G.Balaji Prasad, Advocate for the
Appellants and M/s.M.B.Gopalan, Advocate for the Respondents,
1st Respondent remained exparte before the tribunal, this Court
while allowing the Civil Miscellaneous Appeal in part by

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modifying the award of the Tribunal, doth order and decree as
follows :-

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1. That the order and Decree of the Motor Accidents Claims Tribunal / Chief Judge, Court of Small Causes, Chennai made in M.C.O.P.No.3197 of 2007, dated 24.11.2011, be and hereby enhanced from a sum of Rs.1,70,000/- (Rupees One Lakh Seventy Thousand only) to a sum of Rs.4,20,000/- (Rupees Four Lakh Twenty Thousand only) with interest at the rate of 7.5% p.a. from the date of petition till the date of payment;

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2. That the apportionment of shares adopted by the Tribunal, shall stands confirmed;

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3. That the Insurance Company / 2^nd respondent shall be deposit the compensation amount within a period of six weeks from the date of receipt of a copy of this order, after deducting the amount deposited if any, by them;

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4. That on such deposit, the appellant / claimant herein is permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any, already withdrawn.

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5. That there be no costs in this Civil Miscellaneous Appeal.

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Sd/-

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Deputy Registrar (CS)

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// True Copy //

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Sub Assistant Registrar

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cs

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To

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1.The Presiding Officer/Chief Judge, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai.

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+1cc to M/s.G.Balaji Prasad, Advocate, Sr.No.24831/20

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DATED : 17.07.2020

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DECREE
C.M.A.No.2104 of 2013
Nature of Decree : Allowing the
CivilMiscellaneousAppeal
preferred against the judgment
and Decree dated 24.11.2011
made in M.C.O.P.No.3197 of 2007
on the file of Motor Accidents
Claims Tribunal, Chief Judge,
Court of Small Causes, Chennai,
etc. as stated therein.

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RP(CO)
RVM(22/10/2021)

Ajmol Abraham v. T.Teekaram

Case brief

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Ajmol Abraham v. T.Teekaram

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