N.Ettiyappan v. P.Latha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

WEDNESDAY THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.M.A.No.2629 of 2017 N.Ettiyappan .. Appellant/ Petitioner Vs.

1.P.Latha 2.S.Saravanan 3.Shriram General Insurance Co.Ltd.

No.66, Shriram Genera Inside City, Centre Complex, Syed Thirumallai Pillai Road, T.Nagar, Chennai-600 017.

Now functioning at:

Shriram General Insurance Co.Ltd.

1st Floor, Plot No.5, Ramachandran Street Saravanan Nagar, Srivaram, Perungudi Chennai-600 096.

4.S.Muthu Kumar (Respondents 1, 2 and 4 were set ex-parte in the Trial Court).

5.United India Insurance Co.Ltd., Motor Third Party Claims HUB, No.134, Greams Road, Chennai-600 006.

.. Respondents/ Respondents Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.04.2017 made in MACT.OP.No.345 of 2014 on the file of the II Judge, Motor Accidents Claims Tribunal (Court of Small Causes), Chennai. Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal,the material papers in the case and upon hearing the arguments of MR.K.Suryanarayanan,Advocate for the Appellant and of Mr.S.Dhakshnamoorthy,Advocate for the Thrid Respondent, and Mr.J.Michael Visuvasam,Advocate for the fifth Respondent and the and the Respondents 1,2 and 4 were having been set expate before the Tribunal, this Court doth order and decree as follows:

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i)that the compensation of Rs.1,07,000/-(Rupees One Lakh Seven thousand Only)as awarded by the II Judge,Motor Accidents Claims Tribunal (Court of Small Causes), Chennai dated 13.04.2017 made in MACT.OP.No.345 of 2014 be and hereby is confirmed and the appeal do stand dismissed;

ii)that the third Respondent herein/Insurance Company be and hereby is directed to deposit the compensation with interest as ordered by the Tribunal, less the amount already deposited, within a period of six weeks from the date of receipt of a copy of this judgment.

iii)that on such deposit being made, the appellant herein/Claimant is be and hereby permitted to same on filing proper application before the Tribunal.

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The II Judge, Motor Accidents Claims Tribunal, Court of Small Causes, Chennai.

Copy to:

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

+1cc to Mr.M.Swamikannu, Advocate SR.No. 27153 Dated:19.08.2020 DECREE C.M.A.No.2629 of 2017 Dismissing the appeal preferred against the Judgment and decree dated 13.04.2017 made in MACT.OP.No.345 of 2014 on the file of the II Judge, Motor Accidents Claims Tribunal (Court of Small Causes), Chennai etc as stated within.

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