R.Parthiban v. United India Ins., Co., Ltd., Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESEMT THE HONOURABLE Mrs. JUSTICE J.NISHA BANU Civil Miscellaneous Appeal No. 2834 of 2012 R.Parthiban .. Appellant/Petitioner Vs 1.M/s.Dinakaran K.S.Publications No.106, 107 Kutchery Road Mylapore, Chennai 600 004.

2.United India Insurance Co. Ltd., No.38 Anna Salai, Chennai - 1 .. Respondents/Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 10.04.2012 made in M.C.O.P.No.99 of 2006 on the file of Motor Accidents Claims Tribunal, II Small Causes Court, Chennai. Decree : This Civll Miscellaneous Appeal coming on for hearing 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 Mr.N.M.Muthurajan, Advocate for the Appellant and Mr.J.Micheal Visuvasam, Advocate for the Second Respondent having set exparte in Lower Court itself/this Court while dismisisng the Civil Miscellaneous Appeal doth order and decree as follows:

1) that the award of Compensation of Rs.2,77,400/-(Rupees Two lakhs sevent seven thousand four hundred only) passed by the Motor Accident Claims Tribunal/II Small Causes Court, Chennai made in M.C.O.P.No.99 of 2006, dated 10.04.2012 be and hereby is confirmed together with interest at 7.5% per annum from the date of filing of the claim petition till the date of deposit.

2) that the First Respondent herein/Owner of Vehicle be and hereby is directed to deposit the Award amount along with interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment to the credit of M.C.O.P.No.99 of 2006 on the file of the Motor Accidents Claims Tribunal at Chennai, II Small Causes Court, Chennai.

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3) that on such deposit being made, the Tribunal is directed to transfer the Award amount directly to the Bank account of the Appellant/Claimant through RTGS, within a period of two weeks.

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

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

1. The Motor Accidents Claims Tribunal at Chennai, II Judge, Small Causes Court, Chennai.

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

+1cc to Mr.N.M.Muthurajan, Advocate SR.No.14494 +1cc to Mr.J.Micheal Visuvasam, Advocate SR.No.13937 DATED : 02/03/2022 DECREE :

C.M.A.No.2834 / 2012 The Judgment and decree dated 10.04.2012 made in M.C.O.P.No.99 of 2006 on the file of II Small Causes Court (Motor Accidents Claims Tribunal), Chennai be and hereby confirmed this Court the Civil Miscellaneous Appeal is dismissed.

NR(CO) GMY(06/04/2022) https://hcservices.ecourts.gov.in/hcservices/