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Madras High CourtCMA(MD)/1171/2016dismissed

National Insurance Company v. V.Karpagalakshmi,

2018-12-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD). No.1171 of 2016 NATIONAL INSURANCE COMPANY LTD.

REP. BY ITS MADURAI BRANCH MANAGER NORTH VELI STREET, MADURAI-01.

... Appellant(s) Vs 1 V.KARPAGALAKSHMI, W/O.V.MURUGAN, 42, METTU ST., BETHANIAPURAM, MADURAI-16.

2 J.ELANCHEZHIAN, S/O.JEYAMANI, NO.39-A, THROWPATHIAMMAN KOIL ST., KEELAPERUMBAKKAM, VILLUPURAM.

... Respondent(s) Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, preferred against the judgment and decree of the CHIEF JUDICIAL MAGISTRATE, MADURAI (MACT), dated 8/03/2012 made in MCOP.570/2001.

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.N.MURUGESAN, Advocate for the Appeallant and of MR.K.BHASKARAN, Advocate for the first respondent, in this Court, doth order and decree as follows:-

(1) That the award passed by the CHIEF JUDICIAL MAGISTRATE, MADURAI https://hcservices.ecourts.gov.in/hcservices/ (MACT), dated 8/03/2012 made in MCOP.570/2001 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 eight(8) weeks from the date of receipt of copy of this judgment.

(3) That on such deposit being made, the claiments be and are hereby permitted to withdraw the same, without filling any application and

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

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar TO The CHIEF JUDICIAL MAGISTRATE(MACT), MADURAI.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.MURUGESAN, Advocate ( SR-98794 dated 05/12/2018 ) +1 CC to M/s.N.MURUGESAN, Advocate ( SR-98650 dated 05/12/2018 ) ORDER DATED : 05/12/2018 ========================== DECREE ========================== CMA(MD). No.1171 of 2016 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the CHIEF JUDICIAL MAGISTRATE, MADURAI (MACT), dated 8/03/2012 made in MCOP.

570/2001.

https://hcservices.ecourts.gov.in/hcservices/ ES/27.02.2019/2P/6C