The National Insurance Company Ltd v. K.Anbu @ Anbalagan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

TUESDAY THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRSENT:

THE HONOURABLE MR. JUSTICE R.SUBBIAH and THE HONOURABLE TMT.JUSTICE S.KANNAMMAL C.M.A.Nos.3999 & 3922 of 2019 C.M.A.No.3999 of 2019:

1.The National Insurance Company Limited No.11, Second Floor Balaji Towers, Ramakrishna Road, Salem.

2.The National Insurance Company Limited No.661, First Floor, Trunk Road, Poonamallee, Chennai-600 056. .. Appellants/3 & 4th Respondents Vs.

1.K.Anbu @ Anbalagan S/o.Kannan 2.P.Mani S/o.Perumal 3.Murugesan S/o.Selvanthappan .. Respondents/Petitioner/R1,R2 C.M.A.No.3922 of 2019:

K.Anbu @ Anbalagan S/o.Kannan .. Appellant / Petitioner Vs.

1.P.Mani S/o.Perumal 2.Murugesan S/o.Selvanthappan 3.The National Insurance Company Limited, No.11, Second Floor, Balaji Towers, Ramakrishna Road, Salem.

4.The National Insurance Company Limited, No.661, First Floor, Trunk Road, Poonamallee, Chennai-56.

.. Respondents/Respondents COMMON PRAYER: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 12.02.2019 made in M.C.O.P.No.583 of 2014 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Thiruvallur, Poonamallee.

Decree:These Civil Miscellaneous Appeals coming on for hearing 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 Mrs.R.Sree Vidhya,Advocate for the Appellants in C.M.A.No.3999 of 2019 and Mr.K.Varadha Kamaraj, Advocate for the Appellant in C.M.A.No.3922 of 2019 and of Mr.K.Varadha Kamaraj, Advocate for the First Respondent in C.M.A.No.3999 of 2019 and Mrs.R.Sree Vidhya, Advocate for the Third Respondent in C.M.A.No.3922 of 2019,doth order and decree as follows:

i)that the compensation award and decree dated 12.02.2019 made in M.C.O.P.No.583 of 2014 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Thiruvallur, Poonamallee be and hereby confirmed and these Civil Miscellaneous Appeal are dismissed;

ii)that the first Appellant/Insurance Company be and hereby directed to deposit the award amount along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment to the credit of MCOP.NO.583/2014.

iii)that on such deposit being made, the 1st respondent/claimant is permitted to withdraw the award amounts fixed by the Tribunal along with interest and costs, after adjusting the amount already withdrawn, if any, by making necessary applications before the Tribunal.

iv)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The III Additional District Judge, Motor Accident Claims Tribunal, Thiruvallur, Poonamallee.

2.The Record Keeper, V.R.Section, High Court Madras, Chennai.

DATED:27.04.2021 DECREE C.M.A.Nos.3999 & 3922 of 2019 Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 12.02.2019 made in M.C.O.P.No.583 of 2014 on the file of the Motor Accident Claims Tribunal, III Additional District Court, Thiruvallur, Poonamallee etc as stated within.

NK co A.SK(22.11.2021)