Madras High CourtCMA(MD)/1511/2007allowed

Venkateswaran v. Mansoor Ali

2020-01-23Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of January Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.1511 of 2007 VENKATESWARAN, :Appellant/1st Respondent Vs 1 MANSOOR ALI : 1st Respondent/Petitioner 2 THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY, 5719, SEETHAIAMMAL COMPLEX, SATHIYAMOORTHY ROAD, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

:2nd Respondent/2nd Petitioner Prayer:- This Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the award dated 14.08.2007 made in M.C.O.P. No. 289 of 2004 on the file of the Motor Accident Claims Tribunal Cum Additional District Judge(Fast Track Court), Pudukkottai.

DECREE:-This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of Mr. R.Sundar, Advocate for the Appeallant and Mr. N.Dilip Kumar, Advocate for the second respondent, the first Respondent is dismissed for default vide order dated 21.06.2017 this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal Cum Additional District Judge(Fast Track Court), Pudukkottai, dated 14.08.2007 made in M.C.O.P. No. 289 of 2004 be and hereby is confirmed and the Civil Miscellaneous Appeal is allowed.

(2) That the Appellant/Claimant be and hereby is directed to deposit the amount awarded by the Tribunal, together with interest to the credit of M.C.O.P No.289 of 2004 on the file of the Motor Accident Claims Tribunal Cum Additional District Judge(Fast Track Court), Pudukkottai, after deducting the amount already deposited if any, within a period of 6 weeks from the date of receipt of copy of this judgment.

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(3) That on such deposit being made, the claimant be and hereby is permitted to withdraw the award amount so deposited,

together with the interest accured thereon, after filing necessary application before the Tribunal and

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Motor Accident Claims Tribunal Cum Additional District Judge(Fast Track Court), Pudukkottai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.R.Sundar, Advocate ( SR-2882) +1 CC to Mr.N.Dilip Kumar, Advocate ( SR-3030) ORDER DATED : 23.01.2020 DECREE C.M.A (MD) No.1511 of 2007 Allowing the Civil Miscellaneous Appeal preferred against the award dated 14.08.2007 made in M.C.O.P. No.

289 of 2004 on the file of the Motor Accident Claims Tribunal Cum Additional District Judge(Fast Track Court), Pudukkottai etc., as stated within.

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