National Insurance Co. Ltd. v. Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINETEEN PRESENT:- THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.M.A.NO.704 OF 2009 National Insurance Company Limited, Rep. by its Branch Manager, Myladuthurai.

... Appellant/2nd Respondent .Vs.

1.Babu ... 1st Respondent/Petitioner 2.M.Raja ... 2nd Respondent/1st Respondent Prayer :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 11.04.2008 made in M.C.O.P.Nos.266 of 2005 on the file the Motor Accidents Claims Tribunal/Sub Court, Hosur.

Decree:- This Civil Miscellaneous Appeal coming on for hearing/as to admission 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 M/s.D.Bhaskaran, Advocate for the Appellant and M/s.D.Gubendra Gunabalan, for R2, this Court doth order and decree as follows:- 1.

That the Compensation award and decree dated 11.04.2008 made in M.C.O.P.No.266 of 2005 on the file of the Motor Accident Claims Tribunal, Sub Court, Hosur be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed; 2.

That the Appellant herein/the Insurance Company be and hereby is directed to deposit the award amount together with interest and costs, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.266 of 2005;

3.

That on such deposit being made the Claimants be and hereby are permitted to withdraw the award amount on making proper application before the Tribunal;

4.

That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mkn To 1.

The Motor Accident Claims Tribunal (Sub Court), Hosur.

2.

The Section Officer, VR Section, High Court of Madras.

+1cc to Mr.D.Bhaskaran, Advocate, S.R.No.62699 Order Dated:- 23.07.2019 DECREE:- C.M.A.No.704 of 2009 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 11.04.2008 made in M.C.O.P.No.266 of 2005 on the file of the Motor Accidents Claims Tribunal, Sub Court, Hosur etc., as stated therein.

BP(CO) CS/14/07/2021