C. S. Raja Simmon vs. I. Manivannan

î 1 ITEM NO.14 LOK ADALAT NO.1 SECTION XII SUPREME COURT LOK ADALAT Civil Appeal No.2887 of 2009 @ Petition(s) for Special Leave to Appeal (Civil) No(s).18033/2006 (From the judgment and order dated 13/06/2006 in CMA No. 1129/2006 of The HIGH COURT OF MADRAS) C.S. RAJA SIMMON Petitioner(s) VERSUS I. MANIVANNAN & ANR. Respondent(s) (With prayer for interim relief) Date: 25/04/2009 The above appeal/petition was taken up today for settlement. CORAM : HON'BLE Dr. JUSTICE ARIJIT PASAYAT HON'BLE MR. JUSTICE P. SATHASIVAM For Petitioner(s) Mr. Vipin Nair, Adv. Mr. P.B. Suresh, Adv. for M/S. Temple Law Firm. For Respondent(s) Mr. Kishor Rawat, Adv. Mr. A.K. De, Adv. for Mr. M.K. Dua,Adv. This matter was taken up at the Supreme Court Lok Adalat with the consent and agreement through their counsel. The following order/ award is passed:- Leave granted. 2 The appellant filed a claim petition seeking compensation for the injuries sustained by him in a vehicular accident on 24.7.2000.

The MACT, Chennai, awarded a total compensation of Rs.2,39,000/-

with interest at the rate of 7.5% p.a.

An appeal was filed before the High Court for enhancement which was dismissed. It appears that an appeal has also been filed by the Insurance Company questioning the quantum awarded.

Having heard learned counsel for the parties, we are of the view that interest of justice will be best served if a sum of Rs.1,50,000/- in addition to what has been deposited in terms of the order of the MACT, shall be paid to the claimant. We order

accordingly. The amount shall be deposited within a period of four weeks. The entire amount awarded by the MACT and the enhanced amount in terms of the present order shall be permitted to be withdrawn by the claimant after adjustment of any amount which is already withdrawn.

In view of the aforesaid order, the appeal filed by the Insurance Company shall be closed.

The appeal is, accordingly, disposed of.

(P. Sathasivam) (Dr. Arijit Pasayat)