M/S New India Assurance v. Mr.Pachaiyappan,S/O.Jayamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE NINTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.2464 of 2015 M/s.New India Assurance Co. Ltd.

Divisional Office Sri Vari Shopping Mall, 2nd Floor, No.2/91, New Bus Stand Road,Meyyanur, Salem - 636 004.

.... Appellant/Respondent II

Versus

1. Venkatesan ...

1st Respondent/ Petitioner

2. P.Thirumalai ..2nd Respondent/1st Respondent Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree of the Motor Accidents Claims Tribunal,Special Sub Judge,Krishnagiri made in M.C.O.P. No.2901 of 2013 dated 16.02.2015.

Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal, the order of the Lower court and the material papers in the case and upon hearing the arguments of Mr.J.Chandran,Advocate for the Appellant and of Mr.Mr.M.Selvam,Advocate for the respondent and this Court,doth order and decree as follows:

i)that the judgment and decree of the Motor Accidents Claims Tribunal,Special Sub Judge, Krishnagiri dated 16.02.2015 made in M.C.O.P. No.2901 of 2013 be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

ii)that the appellant/Insurance Company herein be and hereby is directed to deposit the entire award amount awarded by the Tribunal together with interest 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.2901 of 2013 on the file of the Motor Accident Claims Tribunal (Special Sub Judge), Krishnagiri, within a period of four weeks from the date of receipt of a copy of this Judgment.

iii)that on such deposit being made, the Tribunal be and hereby is directed to transfer the award amount directly to the bank account of the first respondent, through RTGS, within a period of two weeks thereafter. iv)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(cs I ) //True Copy// Sub Assistant Registrar To

1. The Special Sub Judge Motor Accidents Claims Tribunal,Krishnagiri.

2.The Section Officer,V.R. Section, High Court of Madras, Chennai - 104.

+1 ccs to Mr.M.Selvam, Advocate Sr.NO.23728 DATED:19.04.2021 DECREE C.M.A.No.2464 of 2015 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accidents Claims Tribunal (Special Sub Judge), Krishnagiri made in M.C.O.P. No.2901 of 2013 dated 16.02.2015 etc as stated within.

VSR(CO) A.SK(24.11.2021)