Muthazhagan @ Muthu v. Devendiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.569 of 2014 Muthazhagan @ Muthu .. Appellant/Claimant Vs.

1.Devendiran 2.Venkatesan 3.The Manager, ICICI Lombard General Insurance Co. Ltd., 140, 2nd and 3rd Floor, Chottabai, Nungambakkam, Chennai 600 034.

4.Divisional Manager, United India Insurance Co. Ltd., 46, Katpadi Road, Vellore.

.. Respondents/Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree of the Principal Subordinate Judge, Motor Accident Claims Tribunal, Tiruvannamalai, dated 09.11.2012, and made in M.C.O.P. No.240 of 2008.

Decree: This Appeal coming on for hearing on this day, upon perusing the Grounds of Appeal, the Judgment and Decree of the Lower Court, and the material papers of the lower court, and upon hearing the arguments of Mr.B.Jawahar, Advocate for the Appellant herein/Claimant, Mrs.R.Sreevidhya, Advocate for the 3rd Respondent herein/3rd Respondent, Mr.M.J.Vijayaragavan, advocate for the 4th Respondent herein/ 4th Respondent and the 2nd Respondent herein/2nd Respondent not appearing in person or by Advocate, this court while dismissing the Appeal doth order and decree as follows:

1.That the Judgment and Decree of the tribunal be and hereby are confirmed.

2.That the 1st Respondent herein/ 1st Respondent do deposit the award amount along with interest and costs, less the amount 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. 240 of 2008.

3.That an such deposit being made, the Appellant herein/ Claimant be and hereby is permitted to withdraw the award amount, along with interest and costs less the amount already withdrawn, by filing necessary applications before the tribunal. 4.That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-V) // True Copy // Sub Assistant Registrar gsa To 1.The Principal Subordinate Judge, Motor Accident Claims Tribunal, Tiruvannamalai.

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

+1CC to M/s.R.Sreevidhya, Advocate, SR.No. 42876

Dated: 21/12/2020 DECREE C.M.A.Nos.569 of 2014 Dismissing the Appeal preferred against the judgment and decree of the Principal Subordinate Judge, Motor Accident Claims Tribunal, Tiruvannamalai, dated 09.11.2012, and made in M.C.O.P. No.240 of 2008 etc., as stated within.

SV(CO) B.VC (06/09/2021)