Divisional Manager v. Velayutham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A.No.2192 of 2012 Divisional Manager The Oriental Insurance Company Ltd., No.75, Krishnan Street, Thiruvannamalai Town. ..Appellant/2nd Respondent Vs.

1.Velayutham ..1st Respondent/Petitioner

2. M/s. Light Leather rep. by its Partner Chandra Mouli Chowdry No.12, Talco Estate, Madhavaram, Chennai - 600 060. ..2nd Respondent/1st Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 30.10.2010 made in M.A.C.T.O.P.No.190 of 2009 on the file of the Motor Accidents Claims Tribunal, Thiruvannamalai/Principal Sub Court, Thiruvannamalai.

Decree : This Civil Miscellaneous Appeal coming on for hearing on Thursday the Seventeenth day of February Two Thousand Twenty Two and upon perusing the grounds of Appeal, the Decree and Award of the Trial and the Material Papers in the case and upon hearing the arguments of Mr.R.Sivakumar, Advocate for the Appellant and Mr.B.Jawahar for M/s.Sounthar, Advocate for the Respondents and having stood over for consideration till this day this Court doth order and decree as follows: i) that the order preferred against the judgment and decree in M.A.C.T.O.P.No.190 of 2009, dated 30.10.2010 on the file of the Motor Accidents Claims Tribunal, Thiruvannamalai/Principal Sub Court, Thiruvannamalai, awarded by the Tribunal be and hereby is confirmed and Civil Miscellaneous Appeal is dismissed; ii) that the compensation awarded by the Tribunal at Rs.5,38,550/-(Rupees Five Lakhs Thirty Eight Thousand Five Hundred and Fifty only) along with interest and costs is confirmed;

iii) that the Appellant herein/Insurance Company be and hereby is directed to deposit the entire award amount along with interest and costs, less the amount, already deposited if any, within a period of twelve weeks from the date of receipt of a copy of the judgment to the credit of M.A.C.T.O.P.No.190 of 2009 on the file of the Motor Accidents Claims Tribunal Thiruvannamalai/Principal Sub Court, Thiruvannamalai; iv) that the claimant shall be permitted to withdraw the award amount along with interest and costs, less the amount if any, already withdrawn by making necessary applications before the Tribunal, the award of the Tribunal remains unaltered; v) that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar To

1. The Motor Accidents Claims Tribunal, Thiruvannamalai/Principal Sub Court, Thiruvannamalai.

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

+1cc to Mr.R.Sivakumar Advocate SR.No.32854 +1cc to Mr.B.Jawahar, Advocate SR.No.33967

DATED : 08/06/2022 DECREE :

C.M.A.No.2192 of 2012 Dismissing the Civil Miscellaneous Appeal against the award and decree dated 30.10.2010 made in M.A.C.T.O.P.No.190 of 2009 on the file of the Motor Accidents Claims Tribunal, Thiruvannamalai, Principal Sub Court, Thiruvannamalai, etc., as stated within.

SSN(CO) GMY(29/06/2022)