United India Insurance v. Marappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE NINETH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.M.A. No.2260 of 2015 United India Insurance Co. Ltd.

Branch Office, Mettupalayam Post, Coimbatore District.

.... Appellant/Respondent II versus

1. Marappan ...

Respondents/Claimants

2. Saroja

3. Nagaraj ...

Respondent/Respondent I Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 07.03.2015 made in MCOP No.466 of 2009 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem. 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 Ms.I.Malar, Advocte for the Appellant and Mr.V.Chandramohan for R1, R2 not ready in notice this Court doth order and decree as follows:

1) that the compensation awarded by the MCOP No.466 of 2009 dated 07.03.205 on the file of the Motor Accident Claims Tribunal,Special District Court, Salem be and hereby is confirmed and the CMA stands dismissed;

2) that the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount awarded by the Tribunal together with interest at 7.5% p.a. from the date of claim petition till the date of realization, less the amount, if any, already deposited to the credit of respective M.C.O.P. No.466 of 2009 on the file of the Motor Accidents Claims Tribunal, Special District Court, Salem, within a period of four weeks from the date of receipt of a copy of this Judgment.

3) that on such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the respective respondent/ claimant through RTGS, within a period of two weeks thereafter, as per the ratio of apportionment fixed by the Tribunal.

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

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

1. The Motor Accident Claims Tribunal, The Special District Court, Salem.

Copy To The Section Officer, V.R. section, High Court, Madras - 104.

+1cc to Mr.P.Jagadeesan, Advocate SR.No.22587 +1cc to Mr.T.Ravichandran, Advocate SR.No.22559 DATED : 09/04/2021 DECREE :

C.M.A. No.2260 of 2015 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 07.03.2015 made in MCOP No.466 of 2009 on the file of the Motor Accident Claims Tribunal,Special District Court, Salem etc., as stated therein.

SR -II(CO) GMY(08/09/2021)