Madras High CourtCMA/1952/2012disposed of

Managing Director v. Devi

2018-12-08Honourable Mr Justice P. Rajamanickam3 pages

and M.P.No.1 of 2011 V.BHAVANI SUBBAROYAN., J.

Today, this Civil Miscellaneous petition is listed under the caption "for being mentioned" at the instance of the learned counsel for the appellant. 2.The learned counsel for the appellant, states that in the order dated 21.06.2018 made in C.M.A.No.1952 of 2011 and M.P.No.1 of 2011 in Para No:18 the second respondent name is printed as Naveen Kumar instead of Naveen Murali. Therefore, request is made to make necessary corrections in the said order and for reissue of the order copy.

3. In view of the above, the paragraph No.18 in the said order to be read as follows:

"In the result, the Civil Miscellaneous Appeal is partly allowed. No costs. The sum of Rs.2,35,000/- awarded by the Tribunal dated 04.02.2011 made in M.C.O.P.No.52 of 2009 passed by the learned Principal District Judge, The Nilgiris at Udhagamandalam is hereby confirmed. The Appellant/3rd respondent Insurance Company is directed to deposit the entire award amount of Rs.2,35,000/- with interest at the rate of 7.5% p.a from the date of claim petition till the date of deposit 1/3

within a period of six weeks from the date of receipt of a copy of this Order. Then, the Appellant/3rd respondent Insurance Company is permitted to recover the same from the owner of the Vehicle bearing Registration No.TN-04-E-7508, namely Naveen Murali/the second respondent in the claim petition in accordance with law. On deposit of the award amount, the petitioners 1 to 3/claimants are permitted to withdraw their respective share with accrued interest by filing necessary application before the Tribunal. The 4th petitioner is minor, his share amount shall be deposited in any one of the Nationalized Bank till he attain majority. The first petitioner/claimant is permitted to withdraw the accrued interest once in three months. Consequently, connected M.P. is closed. 3.All other observations in the order dated 21.06.2018 made in C.M.A.No.1952 of 2011 and M.P.No.1 of 2011 shall remain intact. Registry is directed to carry out the necessary corrections and re-issue copy of the Decree and Judgment.

17.02.2020 smn Note: The Registry is directed to re-issue the order copy on 24.02.2020 2/3

V.BHAVANI SUBBAROYAN., J.

smn and M.P.No.1 of 2011 17.02.2020 3/3