United India Insurance Co.Ltd v. Amaravel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND NINETEEN PRESENT THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY C.M.A.No.3032 of 2011 M/s.United India Insurance Company Ltd., Rep.by its Divisional Manager, Divisional Office - I, 104-A, Peramanur Main Road, Salem - 636 007.

... Appellant /2nd Respondent Vs.

1.Amaravel 2.A.Valli 3.A.Kumaravel

...Respondents 1 to 3/Claimants

4.P.Kannan 5.N.Selva Nithya ... Respondents 4 & 5/Respondents 1 & 3 (R4 & R5 exparte before the Tribunal) PRAYER:

Civil Miscellaneous Appeal filed against the Order and Decree of the Motor Accident Claims Tribunal, Principal District Judge, Salem, made in MCOP.No.1406 of 2005, dated 10/07/2009.

Decree: This Civil Miscellaneous Appeal coming on for hearing on this day, and upon perusing the Grounds of Appeal, the Order and Decree of the Lower Court, and the records in the case and upon hearing the arguments of M/s.S.Srividhya, Advocate for the Appellant and of Mr.K.Vardha Kamaraj, Advocate for the 5th Respondent and the Respondents 1 to 4 not appearing either in person or by Advocate, doth Order and Decree as follows: 1.that the Order and Decree of the Motor Accident Claims Tribunal, Principal District Judge, Salem, made in MCOP.No.1406 of 2005, dated 10/07/2009 be and hereby confirmed and this Civil Miscellaneous Appeal do stand dismissed.

2.That the Appellant/Insurance Company is be and hereby directed to deposit the award amount along with interest at the rate of 7.5% from 06/07/2011 till the date of deposit, les the amount already deposited if any, within a period of eight weeks from the date of receipt of copy of this Order.

3.That on such deposit the tribunal below is directed to transfer the award amount to the Bank Account of the Claimants as ordered by the Tribunal, through RTGS within three weeks from the date of deposit the award along with interest as ordered by this Court. 4.That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Motor Accidents Claims Tribunal, Principal District Judge, Salem.

Copy to:The Section Officer, V.R.Section, High Court, Madras-104.

+1cc to Mr.A.Murughan, Advocate, S.R.No.104155 Order Dated:13/12/2019 C.M.A.No.3032 of 2011 Nature of Decree:

While dismissing this Civil Miscellaneous Appeal preferred against the Order and Decree of the Motor Accident Claims Tribunal, Principal District Judge, Salem, made in MCOP.No.1406 of 2005, dated 10/07/2009, etc., as stated within-No Costs.

NRL(CO) CB(20/09/2021)