The Oriental Insurance Company v. Amalapushpam

C.M.A.(MD)No.1102 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.M.A.(MD)No.1102 of 2013 The Oriental Insurance Co.Ltd., Rep. by its Branch Manager, Kovilpatti, Tuticorin District.

... Appellant / 4th respondent - Vs - 1.Amalapushpam 2.Loordhumary 3.Mariarathinam ... Respondents 1 to 3 /Petitioners 4.Principal SFR Womens College, Sivakasi ... 4th respondent /first respondent 5.United India Insurance Co. Ltd., rep. by its Branch Manager, 5, Periakadai Street, Dharapuram.

... 5th respondent / second respondent Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 10.11.2011 passed in M.C.O.P.No.36 of 2006 on the file of Motor Accidents Claims Tribunal, Principal District Court, Virudhunagar at Srivilliputhur.

For Appellant : No Appearance For R-1 to R-3: Mr.S.Srinivasa Raghavan For R-4 : No appearance For R-5 : Mr.Royce Immanuvel * * * * *

J U D G M E N T

When the matter came up for hearing on 08.11.2019, the learned counsel Mr.A.K.Basakara Pandian submitted that he handed over the papers to the appellant/Oriental Insurance company. Therefore, this Court directed the Registry to print the name of the appellant and post today i.e. 25.11.2019. Today also, there is no representation on behalf of the appellant. The learned counsel for the respondents are present. Therefore, the appeal is dismissed for non prosecution. No costs.

2.The Court below fixed the liability against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.1102 of 2013 appellant/oriental insurance company and the fifth respondent / United India Insurance Company as 50 : 50. It is represented that as per the order of the Court below, both the appellant and the fifth respondent have deposited their respective share of 50 : 50 of the amount awarded by the Tribunal along with accrued interest and costs. It is also submitted that the claimants have withdrawn 50% of the entire award amount with accrued interest and costs. Therefore, this Court directed the Tribunal to transfer the balance 50% of the award amount along with accrued interest and costs directly to the Personal Savings Bank Account Number of the Claimants, through RTGS/NEFT system, after getting their Account Details, in the proportion as ordered by the Court below, within a period of three weeks thereafter. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) rj2 To:

1.The Principal District Court, Motor Accidents Claims Tribunal, Virudhunagar at Srivilliputhur.

Copy to The Record Keeper,-2 copies Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S. ROYCE IMMANUVEL, Advocate ( SR-100074[F] dated 21/11/2019 ) +1 CC to M/s.S. SRINIVASA RAGAHAVAN, Advocate ( SR-100198[F] dated 21/11/2019 ) C.M.A.(MD)No.1102 of 2013 20.11.2019 KM/(12.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2