United India Insurance Co. Ltd v. Pandithurai (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of January Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.1310 of 2010 UNITED INDIA INSURANCE CO., Ltd.,, REP. THRO. ITS DIVISIONAL MANAGER, 6A,WEST VELI STREET, MADURAI - 625 001..

... Appellant/2 Respondent Vs PANDITHURAI (DIED) 1 MANORANJITHAM 2 MINOR SIDDARTH (MINOR RESPONDENT NO.2 IS REPRESENTED BY RESPONDENT NO.1). ...1&2 Respondents/Claimants 3 C.R.MANIKANDAN BRICKS REP.,THRO. ITS PROPRIETOR..

4 TAMIL NADU STATE TRANSPORT CORPORANTION LIMITED, REP. THROUGH ITS, MANAGING DIRECTOR HAVING OFFICE AT BYE PASS, ROAD, MADURAI.. ...3&4 Respondents/1&3 Respondents Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 06.01.2009 passed in M.C.O.P.No.1805 of 2006 on the file of the Motor Accidents Claims Tribunal(Additional District & sessions Judge/Fast Track Court-III), Madurai.

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.G.PRABHURAJADURAI, Advocate for the Appeallant and of MR.B.A.MURUGANANTHAM, Advocate for the Respondents 1 and 2 and of MR.R.VENKATESWARAN,Advocate for Respondent 3 and of MR.M.PRAKASH, Advocate for the Respondent 4, this Court doth order and decree as follows:-

(1) That the judgment and decree dated 06.01.2009 passed in M.C.O.P.No.1805 of 2006 on the file of the Motor Accidents Claims Tribunal(Additional District & sessions Judge/Fast Track Court-III), Madurai. be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

(2) That the Appellant herein/Insurance Company be and hereby is directed to deposit the amount awarded together with accrued interest and costs as directed by the Tribunal below , within a period of eight weeks from the date of receipt of a copy of this judgment, less the amount already deposited, if any;

(3) That on such deposit being made, the Respondent herein/Major Claimant be and hereby is permitted to withdraw her share with interest and costs as apportioned by the Tribunal below;

(4) That the share of the Respondent2 herein/Minor Claimant be and here is directed to be deposited in any one of the Nationalised Banks in a fixed deposit till he attains majority. The interest accruing on Minor deposit be and hereby is permitted to be withdrawn by the father of the Respondent2 herein/Minor Claimant once in three months; and

(5) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accidents Claims Tribunal, Additional District & sessions Judge / Fast Track Court-III, Madurai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.G.PRABHU RAJADUAI, Advocate ( SR-2441 dated 29/01/2021 ) +1 CC to M/s.B.A.MURUGANANTHAM, Advocate ( SR-2273 dated 27/01/2021 )

ORDER DATED : 25/01/2021 ========================== DECREE ========================== CMA(MD). No.1310 of 2010 Nature of Decree:-Dismissing the Civil Miscellaneous Appeal against the judgment and decree dated 06.01.2009 passed in M.C.O.P.No.1805 of 2006 on the file of the Motor Accidents Claims Tribunal(Additional District & sessions Judge/Fast Track Court-III), Madurai, as stated within.

KB(16.03.2021) 3P 6C