Hussain v. Bashiyam
Case brief
What is this about?
The Single Judge allowed a petition for enhancement of compensation in a motor accident case, noting that notice to the first respondent (vehicle owner) was unnecessary as they appeared ex parte. Interest is to run only from the date the appeal is taken on record.
What did the court decide?
The petition for enhancement of compensation is allowed with a direction that interest shall run only from the date the appeal is taken on record.
What the court decided
C.M.P.No.21457 of 2023 in C.M.A.SR.No.49666 of 2022
N.SESHASAYEE, J.
First respondent, owner of the vehicle remained ex parte before the Tribunal. Since the claimant seeks enhancement of compensation in the presence of the second respondent / insurance company, this Court considers that notice to the first respondent is not necessary.
2.Mr.T.Jayaraman, learned counsel entered appearance for the second respondent.
3.Having satisfied with the reasons stated in the accompanying affidavit filed in support of this petition, this petition stands allowed. However, in the eventuality of the appellant succeeding in the appeal, he would be entitled to interest only from the date on which the appeal is taken on record by the Registry.
4.The Registry is directed to number the above C.M.A.SR.No.49666 of 2022, if the papers are otherwise in order.
14.12.2023
Anu
1/1
Parties & counsel
- appellant
Claimant
- respondent
Insurance Company
- respondent
Owner of the vehicle
Coram
Case details
As recorded by the court registry
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