M. Kangamuthu S/O Madasamy v. Sharfudeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.897 of 2015 M.Kangamuthu ... Appellant /Petitioner Vs.

1.Sharfudeen 2.The United India Insurance Company Limited, No.11/392, Shop No.3 - Golden Complex, Calicut road, Gudalur, The Nilgiris District. ... Respondents/Respondents Civil Miscellaneous Appeal against the order of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam dated 16/04/2012 and made in MCOP No.799. of 2010.

DECREE:This Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the Jdugment and decree of the Lower Court and the material records in this case and upon hearing the arguments of Mr.Ma.P.Thangavel, Advocate for the Appellant and of Ms.I.Malar, Advocate for the Second Respondent and Notice having been served on the first Respondent and not appeared either in person or by an Advocate this Court doth order and decree as follows;

i)that the Compensation awarded by the tribunal at Rs.60,000/- (Rupees Sixty Thousand only) along with interest and costs be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

ii)that the 1st Respondent herein/1st Respondent/Owner of the Vehicle be and hereby is directed to deposit the award amount along with interest and costs, less the amount if any already deposited, 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.799 of 2010 on the file of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam;

iii)that on such deposit being made, the appellant herein/Claimant be and hereby is permitted to withdraw the award amount along with interest and Costs after adjusting the amount if any already withdrawn by filing necessary applications before the tribunal;

iv)that this Civil Miscellaneous Appeal be and hereby is dismissed as against the Second Respondent herein/2nd Respondent Insurance Company;

v)that there be no costs in this Civil Miscellaneous Appeal;

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR krk To The Motor Accident Claims Tribunal, The Subordinate Judge, Sathyamangalam.

Copy to The Section Officer, VR Section, High Court, Madras.

+1cc to Mrs.I.Malar, Advocate Sr.66182 Dated:13/12/2021 DECREE C.M.A.No.897 of 2015 Dismissing the Civil Miscellaneous Appeal is preferred against the Judgment and decree of the Motor Accident Claims Tribunal, Sub Court, Sathyamangalam dated 16/04/2012 and made in MCOP No.799 of 2010 etc., as stated within.

vbm[co] srg 16/02/2022