The National Insurance v. Muthu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.M.A.NO.2510 OF 2011 National Insurance Co. Ltd., Divisional Office, 60, Perunthurai Road, Erode-11, Erode District ... Appellant/ 2nd Respondent

Versus

1.Muthu 1st Respondent/ Petitioner 2.P.Shanmugavadivel ... 2nd Respondent/ 1st Respondent Prayer:

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Judgment and decree made in M.C.O.P.No.33 of 2004 dated 05.02.2007 on the file of Motor Accident Claims Tribunal, by Subordinate Judge at Mettur.

Decree:

This Civil Miscellaneous Appeal coming up for hearing on this day, upon perusing the grounds of Appeal, the award of the Lower Court and Material papers in this case and upon hearing the arguments of Mr.K.Padmanabhan, Counsel for the Appellant and Mr.N.Sudarsan, Counsel for respondent No.1, this Court while the allowing the appeal, doth order and decree as follows:

i. That the compensation awarded by the Tribunal be and hereby is affirmed and there will be award only as against the first respondent/second respondent herein; ii. That the appellant/second respondent be and hereby is permitted to withdraw the amount already deposited before the Tribunal, if any, in pursuant to the award passed by the Tribunal by filing proper application and

iii. That there be no order as to costs in this appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lok To

1. The Subordinate Judge, Motor Accident Claims Tribunal, Mettur.

2. The Section Officer, V.R.Section, Madras High Court, Chennai.(2 copies) Dated:28.04.2021 Decree:

C.M.A.No.2510 of 2011 Allowing the Civil Miscellaneous against the Judgment and decree made in M.C.O.P.No.33 of 2004 dated 05.02.2007 on the file of Motor Accident Claims Tribunal, by Subordinate Judge at Mettur as stated within.

SSV(CO) PM/10/11/2021