The Branch Manager v. Abilash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.3181 of 2014 The Branch Manager United India Insurance Co. Ltd., Nethaji Bye-Pass Road, Dharmapuri.

...Appellant/2nd Respondent vs.

1. Abilash ...1st Respondent/ Petitioner

2. Saravanan

...Respondent/ 1st Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the common Judgment and Decrees dated 13.10.2011 made in MCOP No.125 of 2008 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Dharmapuri.

Decree:This Civil Miscellaneous Appeal coming on for orders on this day and upon perusing the Grounds of Appeal,the award of the Tribunal below and the material papers in the case and upon hearing the arguments of Mrs.I.Malar,Advocate for the Appellant and of Not appearing either in person or by an Advocate and this Court doth order and decree as follows: i)that the compensation award and decree dated 13.10.2011 made in MCOP No.125 of 2008 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate) Dharmapuri be and hereby is confirmed and this Civil Miscellaneous Appeal is dismissed;

ii)that the rete of interest fixed by the Tribunal at 7.5% be and hereby is confirmed.

iii)that the appellant herein/Insurance company be and hereby are directed to deposit the award amount together with interest from the date of claim till the date of deposit deducting amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this judgment to the credit of MCOP.NO.125 of 2008 on the file of the Motor Accident Claims Tribunal,Chief Judicial Magistrate Dharmapuri.

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iv)that on such deposit being made, the Tribunal is directed to transfer the respective award amount along with accrued interest lying to the credit of MCOP. No.125 of 2008 to the bank accounts of the respective first respondent through RTGS within a period of two weeks thereafter. v)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Chief Judicial Magistrate, Motor Accident Claims Tribunal,Dharmapuri.

2.The Section Officer,Vernacular Section, Madras High Court. Dated:31.08.2020 DECREE C.M.A.No.3181 of 2014 While dismissing the Metropolitan Magistrate preferred against the order and decree of the Motor Accident Claims Tribunal,Chief Judicial Magistrate, Dharmapuri dated 13.10.2011 made in MCOP No.125 of 2008 etc as stated within.

VG II(CO) A.SK(03.08.2021) https://hcservices.ecourts.gov.in/hcservices/