Disposed

Chengan (Died and Exonerated), C. Veeramani, v. C.Kannan

Madras HC12 Feb 2024CMA(MD)/83/2024

Case brief

AI extract

What is this about?

Claimants sought enhancement of a motor accident compensation award from Rs.1 lakh to Rs.5 lakhs based on a statutory amendment. Holding the appeal unsustainable since the accident predated the amendment, the court closed the civil miscellaneous appeal, permitting withdrawal of the deposited compensation as apportioned by the Tribunal.

What the court decided

AI extract

Chengan (Died and Exonerated), C. Veeramani, Vs C.Kannan — Motor Accident Claims | Madras HC (2024)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

DATED: 12.02.2024

¶3

CORAM

¶4

THE HON'BLE MRS.JUSTICE S.SRIMATHY

¶5

C.M.A(MD)No. 83 of 2024

¶6

Chengan [Died]

¶7

C.Veeramani ... Appellant

¶8

Vs.

¶9

C.Kannan

¶10

M/s.National Insurance Company Limited, Represented through its Divisional Manager, No.3, North Veli Street, 2^nd Floor, Madurai. ... Respondents

¶11

PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, against the Order passed in M.C.O.P.No.179 of 2018 dated 24.06.2022 on the file of the District and Sessions Court for Communal Clash Cases/Motor Accident Claims Tribunal, Madurai.

¶12

For Appellant : M/s.E.Esakki For R-2 : Mr.V.Sakthivel

¶13

JUDGEMENT

¶14

The claimants have preferred this appeal for enhancing the

¶15

awarded amount passed in M.C.O.P.No.179 of 2018, dated 24.06.2022 on the

¶16

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

¶17

1/4

¶18

file of the District and Sessions Court for Communal Clash Cases/Motor Accident Claims Tribunal, Madurai.

¶19

The Tribunal has awarded a sum of Rs.1 Lakh, as compensation.

¶20

The claimants have filed this appeal seeking to enhance to Rs.5 Lakhs based on the statutory amendment.

¶21

Since the accident had occurred prior to the Statutory amendment, the Civil Miscellaneous Appeal cannot be entertained.

¶22

Accordingly, this Civil Miscellaneous Appeal is closed. If the Insurance Company has already deposited the compensation amount, the claimants are permitted to withdraw the compensation amount, as apportioned by the Tribunal. No Costs.

¶23

12.02.2024

¶24

NCC : Yes / No Index : Yes / No Internet : Yes / No KSA

¶25

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

¶26

2/4

¶27

¶28

The District and Sessions Court for Communal Clash Cases/ Motor Accident Claims Tribunal, Madurai.

¶29

The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

¶30

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

3/4

S.SRIMATHY, J.

KSA

Order made in C.M.A(MD)No.83 of 2024

¶35

12.02.2024

¶36

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

¶37

4/4

Chengan (Died and Exonerated), C. Veeramani, v. C.Kannan

Case brief

What is this about?

What the court decided

Chengan (Died and Exonerated), C. Veeramani, v. C.Kannan

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rooth Gnanadeepam, Vs Daniel Gunasekarraja

The Managing Director Vs Marakatham @ Geetha

S.Chellamal( Died) P.Thiruvannamalaiyammal (Died) 1.K. Shanmuga Perumal Vs M.Arunachala Pandian

Tamil Nadu State Transport Corporation Vs Arasangam

Packiyaraj Vs Balakrishnan

Nargis Sulthana Vs Raja