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Madras High CourtCMA/2098/2018dismissed

M/S.New India Assurance Co.Ltd v. Thangarasu

2021-10-01Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE` PRESENT THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.No.2098 of 2018 New India Assurance Co. Ltd., Divisional Office, Big Street, Thiruvannamalai-606 601 ..Appellant /2nd Respondent Vs 1.Thangaraju 2.Sakthivel

...Respondents 1 & 2/Petitioner/

1st Respondent PRAYER: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree in MCOP.No.98 of 2012 dated 27.06.2014 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Kallakurichi. Order: This Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the Judgment and decree of the Lower Court and the material papers in this case and upon hearing the arguments of Mr.M.Krishnamoorthy, Advocate for the Appellant, doth order and decree as follows:

1.that the Judgment and decree in MCOP.No.98 of 2013 dated 27.06.2014 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Kallakurichi be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed. 2.That the Appellant/Insurance Company be and hereby is directed to deposit the amount awarded by the Tribunal, after deducting the amount already deposited if any, together with interest from the date of claim till the date of deposit to the credit of MCOP.No.98 of 2013 and costs within a period of four weeks from the date of receipt of a copy of this Judgment. 3.That on such deposit being made, the Tribunal shall transfer the amount lying to the credit of MCOP.No.98 of 2013 to the Bank

Account of the first Respondent/Claimant in CMA.No.2098 of 2018 through RTGS within a period of one weeks thereafter. 4.That there shall be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar To 1.The Motor Accident Claims Tribunal, III Additional District Judge, Kallakurichi.

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

Order Dated:01/10/2021 C.M.A.No.2098 of 2018 Nature of the DECREE: Dismissing the Civil Miscellaneous Appeal preferred against the award passed by the Motor Accident Claims Tribunal, III Additional Distrtict Court, Kallakurichi made in MCOP.No.98 of 2013, dated 27.06.2014.

AK(CO) CB(22/11/2021)