The Divisional Manager v. Pavunambal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.898 of 2021 The Divisional Manager, United India Insurance Company Limited, Divisional Office, Motor TP Hub, No.4, Promenade Road, 1st Floor, Trichy - 620 001.

.. Appellant/2nd Respondent Vs.

1.Pavunambal 2.Balu 3.Sathya .. Respondents/ Petitioners 4.A.Anandbabu ..4th Respondent/1st Respondent Prayer: The Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and decree of the Principal District Court, (Motor Accidents Claims Tribunal), Ariyalur dated 09.07.2020 made in M.C.O.P.No.102 of 2018.

Decree:This Civil Miscellaneous Appeal coming on for orders as to admission 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.D.Bhaskaran, Advocate for the Appellant,doth order and decree as follows: i)that the compensation of Rs.31,02,303/-(Rs.Thirty One Lakhs Two Thousand Three Hundred and Three Only) together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit be and hereby is confirmed. ii)that the Appellant herein/Insurance Company be and hereby is directed to deposit the award amount, along with interest and costs, within a period of six weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P. No.102 of https://hcservices.ecourts.gov.in/hcservices/

2018.

iii)that on such deposit being made, the respondents 1 and 2 be and hereby are permitted to withdraw their share of the award amount, determined by the Tribunal, along with proportionate interest and costs, as per the ratio of apportionment fixed by the Tribunal, after adjusting the amount, if any, already withdrawn, by filing necessary applications before the Tribunal. iv)that the appeal be and hereby is dismissed as against the 3rd respondent herein.

v)that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar To 1.The Principal District Judge, (Motor Accident Claims Tribunal), Ariyalur.

Dated:19.03.2021 DECREE C.M.A.No.898 of 2021 Dismissing the Civil Miscellaneous Appeal preferred against the the Judgment and decree of the Principal District Court, (Motor Accidents Claims Tribunal), Ariyalur dated 09.07.2020 made in M.C.O.P.No.102 of 2018 etc as stated within.

PVS(CO) A.SK(24.09.2021) https://hcservices.ecourts.gov.in/hcservices/