Madras High CourtCMA(MD)/1110/2015dismissed

Iffco Tokyo General Insurance v. Joes Antony, (Died)

2017-12-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eleventh day of December Two Thousand and Seventeen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMA(MD) Nos.1110 of 2015 and 45 of 2016 C.M.A.(MD)Nos.1110 of 2015 Iffco Tokyo General Insurance Company Limited, Through its Branch Manager, Office No.82, Third Floor, Court Road, Nagercoil.

... Appellant/R2 Vs.

1.Jose Antony (Died) ... Respondent /petitioner 2.Sahaya Victo ... Respondent/ Respondent 1 3.Mary Sheeba 4.Josma 5.Josi 6.Jasaiya 7.Christy (R.3 to R.7 are suo moto implead legal heirs of the deceased R.1 vide Court order dated 15.11.2017 made in C.M.P.(MD).No.10114 to 10116 of 2017 in CMA(MD).No.1110 of 2015) C.M.A.(MD)Nos.45 of 2016 1.Joes Antony (Died) 2.Mary Sheeba 3.Josma 4.Josi 5.Jasaiya 6.Christy (A.2 to A.6 are brought on record as legal heirs of the deceased sole appellant, vide Court order dated 15.11.2017 made in C.M.P.(MD).No.10114 to 10116 of 2017 in CMA(MD).No.45 of 2016) ... Appellants/ Petitioner Vs.

1. Sahaya Victo

2. Iffco Tokyo General Insurance Company Limited, Through its Branch Manager, Office No.82, Third Floor, Court Road, Nagercoil.

... Respondents/Respondents

Civil Miscellaneous Appeals are filed under Section 173 of the Motor Vehicles Act, 1988, preferred against the judgment and decree dated 18.02.2015, made in M.C.O.P.No.83 of 2013, on the file of Motor Accidents Claims Tribunal [Special Sub Court], Tirunelveli. DECREE: These Appeals coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court, and the material papers relating to this case and upon hearing the arguments of Mr.S.Srinivasa Raghavan, Advocate for the Appellant in CMA(MD)1110 of 2015 and for the 2nd Respondent in CMA(MD)45 of 2016 and of Mr.T.Selvakumaran, Advocate for the appellants in CMA(MD)45 of 2016 and for the respondents 3 to 7 in CMA(MD)No.1110 of 2015, and the 1st Respondent in CMA(MD)No.45 of 2016 and the second respondent in CMA(MD)No.1110 of 2015 having not appeared either in person or by an Advocate and this court while dismissing these appeals doth order as follows:

i) that the judgment and decree made in M.C.O.P.No.83 of 2013, dated 18.02.2015, on the file of the Motor Accidents Claims Tribunal [Special Sub Court], Tirunelveli be and hereby are confirmed and the Civil Miscellaneous Appeals are dismissed; ii) that the Insurance company herein be and hereby is directed to deposit the entire award amount of Rs.3,03,010/- (Rupees Three lakhs three thousand Ten only) with interest at the rate of 7.5% per annum and costs from the date of petition till the date of realization, within a period of eight weeks(8) from the date of receipt of a copy of this order, less the amount already deposited, if any;

iii) that on such deposit, Mary Sheeba, wife of the deceased claimant herein be and hereby is entitled to withdraw the entire compensation, by filing appropriate petition before the Tribunal, less the amount already withdrawn, if any;

iv) that there be no costs in these Civil Miscellaneous Appeals.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Special Sub Judge, Motor Accidents Claims Tribunal, Tirunelveli.

Copy to The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1cc to Mr.T.Selvakumaran, Advocate Sr.No.92306 +1cc to Mr.S.Srinivasa Ragavan, Advocate Sr.No.92620 KMI VB/SKN/RSK/SAR2/17.07.2018/3P/6C DATED :11/12/2017 DECREE CMA(MD) Nos.1110 of 2015 and 45 of 2016 Nature of the Decree:

Dismissing these Appeals preferred against the judgment and decree made in M.C.O.P.No.83 of 2013, dated 18.02.2015, on the file of the Motor Accidents Claims Tribunal [Special Sub Court], Tirunelveli etc., as stated within.