Madras High CourtCMA(MD)/989/2018dismissed

Branch Manager, v. Vellaichamy,

2018-11-19Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Nineteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD). No.989 of 2018 BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD.

NO.211, SEKKALAI ROAD 1ST FLOOR SATHIYAMOORTHY ILLAM KARAIKUDI-630 001.

... Appellant(s) Vs 1 VELLAICHAMY, S/O.NAGU, PATHIRAKALIAMMAN KOIL ST., RAMESWARAM DISTRICT.

2 JEYARANI, W/O.VELLAICHAMY, PATHIRAKALIAMMAN KOIL ST., RAMESWARAM DIST.

3 VIJAYARAMAN, D.NO.8/32-A, PRAPPAN VALASAI, RAMANATHAPURAM TALUK, RAMANATHAPURAM DIST.

... Respondent(s) Prayer:- Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988, preferred against the judgment and decree of the PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM , dated 27/11/2017 made in MCOP.139/2014.

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.K.BASKARAN, Advocate for the Appeallant and this Court, doth order and decree as follows:-

(1) That the award passed by the PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM , dated 27/11/2017 made in MCOP.139/2014 be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed.

(2) That the Appeallant/Insurance Company be and hereby is directed to deposit the amount awarded by the Tribunal, together with accrued interest at the rate of 7.5% per annum from the date of petition till the date of deposit and cost, less the amount already deposited if any, within a period of 8 weeks from the date of receipt of copy of this judgment.

(3)that, the respondents 1 and 2 herein/claimants 1 and 2, be and hereby are permitted to withdraw their respective shares from the deposited amount, as per the award of the Tribunal, by filing appropriate petition and

(4) That there be no order as to costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar TO The PRINCIPAL DISTRICT JUDGE,(MACT) RAMANATHAPURAM Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.BHASKARAN, Advocate ( SR-95726 dated 19/11/2018 )

ORDER DATED : 19/11/2018 ========================== DECREE ========================== CMA(MD). No.989 of 2018 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM , dated 27/11/2017 made in MCOP.

139/2014.

ES/27.02.2019/3P/5C