Madras High CourtCMA/2383/2015partly allowed

United India Insurance Co Ltd v. Sathish @ Sathishkumar

2021-07-12Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.A No.2383 OF 2015 United India Insurance Co. Ltd., Erode.

Appellant/2nd Respondent Vs 1.Sathish (a) Sathishkumar ... Respondent 1/Petitioner 2.Duraisamy ... Respondent 2 / 1st Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against award and Decree dated 13/02/2015 made in MCOP.No.1934 of 2010 on the file of the Motor Accidents Claims Tribunal/Special District Court, Salem. DECREE: This Civil Miscellaneous Appeal coming on for hearing on this day, and 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 Mr.S.Arunkumar, Advocate for the Appellant and of Mr.S.

Kalyanaraman, Advocate for the 1st Respondent Notice not ready for 2nd Respondent while the Tribunal allowing the appeal in part doth order and Decree as follows:- i)That the United India Insurance Company limited be and hereby is directed to pay the compensation awarded by the Tribunal and recover the same from the Second Respondent herein. ii)That the Tribunal be and hereby is directed to transfer the award amount lying to the credit of the Claim petition together with accured interest directly to the bank account of the first respondent herein/Claimant through RTGS within a period of two weeks from the date of receipt of a copy of this Judgment.

iii)That there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar (JJ Act) //True Copy// Sub Assistant Registrar

RS To The Motor Accidents Claims Tribunal (Special District Court), Salem.

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

+1cc to Mr.S.Arunkumar, Advocate, S.R.No.32956 DATED: 12/07/2021 DECREE:

CMA.NO.2367 OF 2015 Allowing the Civil Miscellaneous Appeal in part preferred against the Judgment and Decree dated 13/02/2015 made in MCOP.No.1934 of 2010 on the file of the Motor Accidents Claims Tribunal/Special District Court, Salem, etc., as stated therein.

KV(CO) GN(18/11/2021)