Madras High CourtCMA/1086/2010partly allowed

The Branch Manger v. Mrs Saradambal

2021-03-24Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CMA.No1086 of 2010 and The Branch Manager M/s United India Insurance Company Limited, No.28, Mailam Road, Tindivanam, Villupuram District.

... Appellant/ II Respondent Vs.

1. Saradambal

2. Sarasu

3. Vijaya (died) (recorded as per order dated 03.03.2021 passed in memo dated 21.02.2018 (CSR 6545) in CMA No.1086 of 2010 )

4. Thamilarasi .... Respondents 1 to 4/ claimants

5. A.Mukther Ali ... 5th respondent/ I respondent Prayer : Civil Miscellaneous Appeal against the judgment and decree dated 28.04.2003 and made in MCOP No.1176 of 2000 on the file of the Principal Subordinate Judge, Motor Accidents Claims Tribunal, Tindivanam.

Decree : This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the petition of Appeal, the order of the Lower Court and upon hearing the arguments of Ms.V.Renukadevi, Advocate for the Appellant and the Respondents 1, 2, 4 and 5 neither, appearing in person nor through their advocate this Court doth order and decree as follows:

1) that the award passed by the Tribunal below in MCOP No.1176 of 2000 dated 28.04.2003 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

2) that the Appellant herein/Insurance Company be and hereby is directed to deposit the entire compensation as awarded by the Tribunal along with interest from the date of claim petition till the date of deposit, less the amount if already deposited, within a period of six weeks from the date https://hcservices.ecourts.gov.in/hcservices/

of receipt of a copy of this order to the credit of MCOP No.1176 of 2000.

3) that on such deposit being made by the Insurance Company, the claimants be and hereby are entitled to withdraw the same, as per the apportionment made by the Tribunal, after following due process of law.

4) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Deputy Registrar(Lok Adalat) //True copy// Sub Assistant Registrar To Principal Subordinate Judge, Motor Accident Claims Tribunal, Tindivanam.

Copy To The Section Officer, V.R.Section, Madras High Court.

+1CC to Mr.J.Raja KalIfulla, Advocate SR.No.19643 DATED : 24/03/2021 DECREE :

CMA No.1086 of 2010 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 28.04.2003 in MCOP No.1176 of 2000 by the Principal Sub Judge, Motor Accident Claims Tribunal, Tindivanam etc., as stated within.

SS(CO) K.RK(08.11.2021) https://hcservices.ecourts.gov.in/hcservices/