The Branch Manager v. Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A. No.4450 of 2019 The Branch Manager, Reliance General Insurance Co. Ltd., No.89, 100 Feet Road, Vivyan Plaza, Ground Floor, Mudhaliyarpet, Pondicherry.

... Appellant/2nd Respondent Vs.

1.1.Murugan ...Ist Respondent/Claimant 2.Kasthuri RGGLV Indane Gas Agency, Situate at No.138/1A, Su.Nallur Road, Andampallam Village & Post, Tiruvannamalai Taluk.

...2nd Respondent/Ist Respondent Appeal against the award of the Motor Accident Claims Tribunal, Special Subordinate Court, Tiruvannamalai dated 20/06/2018 and made in MCOP No.149 of 2015.

DECREE:This Appeal coming on for hearing on this day, upon perusing the petition of Appeal, the order of the Lower Court, material papers in this case and upon hearing the arguments of Mr.S.Arunkumar, Counsel for the Appellant and of M/s.S.Kaithamalai Kumaran, Counsel for Respondents No.1 and of Mr.P.Balamurugan, Counsel for Respondent No.2, this Court while dismissing the Civil Miscellaneous Appeal doth order and decree as follows;

i)That the award dated 20/06/2018 made in MCOP No.149/2015 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tiruvannamalai be and hereby is confirmed;

ii)that the Appellant herein/Insurance Company be and hereby is directed to deposit the compensation awarded by this tribunal along with interest at the rate of 7.5% p.a and costs from the date of Petition till the date of

deposit less the amount already deposited within a period of Six weeks from the date of receipt of copy of this order; iii)that on such deposit being made the Ist Respondent herein/Claimant be and hereby is permitted to withdraw the award amount, fixed by the Tribunal, along with interest and costs, after adjusting the amount, if any, already withdrawn, by filing a appropriate applications before the Tribunal.

vi)that there be no costs;

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gsa To 1.The Special Subordinate Judge, (Motor Accident Claims Tribunal), Tiruvannamalai.

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

+1cc to Mr.S.Kaithamalai Kumaran, Advocate Sr.6834 +1cc to Mr.S.Arunkumar, Advocate Sr.6852 Dated:08/02/2021 DECREE C.M.A. No.4450 of 2019 Dismissing the Civil Miscellaneous Appeal preferred against the Common Judgment and decree dated 20/06/2018 made in MCOP No.149 of 2015 on the file of the Motor Accident Claims tribunal, Special Subordinate Court, Tiruvannamalai etc., as stated within.

rsv[co] srg 20/09/2021