National Insurance Co.Ltd., v. K.Muthuraja,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMA(MD) No.1073 of 2016 National Insurance Co. Ltd., Through its Divisional Manager, No.3, North Veli Street, Madurai - 625 001.

.. Appellant/2nd Respondent -Vs1.K.Muthuraja .. 1st Respondent/Petitioner 2.S.Rajangam .. 2nd Respondent/1st Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 12.12.2013 made in M.C.O.P.No.1407 of 2010 on the file of the Motor Accident Claims Tribunal, Principal Subordinate Court, Madurai. DECREE : This Appeal coming on for hearing on this day upon perusing the petition of Appeal, the order of the Lower Court, and upon hearing the arguments of Mr.J.S.Murali, Advocate for the Appellant herein and any persons appeared on Advocate 1 and 2 Respondents and while allowing the Civil Miscellaneous Appeal doth order and here as follows :

1) that the award amount passed by the principal Subordinate Court, Madurai dated 12.12.2013 made in M.C.O.P.No.1407 of 2010 be and hereby set aside in respect of the appellant/Insurance Company and the Instance Company is exonerated from its liability.

2) that the appellant Insurance Company is permitted to withdraw the deposit amount with accrued interest and costs by filing appropriate application before the Tribunal.

3) that the 2nd Respondent /owner is directed to deposit the entire award amount with accrued interest within a period of six weeks from the date or receipt of a copy of this order.

4) that on such deposit of Compensation amount, the 1st Respondent/Claimant is permitted to withdraw the award amount through RTGS by filing appropriate application before the Tribunal. https://hcservices.ecourts.gov.in/hcservices/

5. that there be no costs.

sd/- Assistant Registrar (CS-II) / TRUE COPY / Sub-Assistant Registrar (C.S.) To The Motor Accident Claims Tribunal, Principal Subordinate Judge, Madurai.

Copy to:

The Section Officer,VR Section, Madurai Bench of Madras High Court,Madurai.

+1CC to Mr.J.S.Murali, Advocate Sr.No.74200 GJM/RR/ME/27.1.17-3p-4C DECREE IN CMA(MD) No.1073 of 2016 Date :29/11/2016 Nature of DECREE : Allowing the Judgment and Decree dated 12.12.2013 made in M.C.O.P.No.1407 of 2010 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Madurai, stated within & etc., https://hcservices.ecourts.gov.in/hcservices/