Madras High CourtCMA(MD)/1225/2014disposed of

The Branch Manager, v. Mariammal,

2016-11-03Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Third day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMA(MD) No.1225 of 2014 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, THENI. APPELLANT/2nd RESPONDENT Vs 1.MARIAMMAL, ...1st Respondent/Petitioner 2.S.MARIARATHINAM, ...2nd Respondent/1st Respondent 3.M.ELIZABETH, (2nd & 3 REMAIND EX-PARTE BEFORE THE LOWER COURT) ...3rd Respondent/3rd Respondent 4.THE BRANCH MANAGER, NATIONALINSURANCE COMPANY LIMITED, KOVILPATTI. 4th RESPONDENT/4th RESPONDENT This Civil Miscellaneous Appeal has been filed under section 173 of the Motor Vehicles Act, 1988, against the award dated 22.02.2012 made in M.C.O.P.No.77 of 2009, on the file of the Motor Accident Claims Tribunal cum Sub Judge, Sivakasi.

Decree:This Appeal coming on for hearing on this day. Upon perusing the Grounds of Appeal, the judgment and Decrees of the Lower Court and the material papers in the Appeal and upon hearing the arguments of MR.K.BHASKARAN, Advocate for the Appellant and MR.J.S.MURALI, Advocate for Respondent No.

1.that the order and decree dated 22.02.2012 made in M.C.O.P.No.77 of 2009, on the file of the Motor Accidents Claims Tribunal cum Sub Judge, Sivakasi be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

2.that the appellant be and hereby is directed to deposit the entire award amount with accrued interest and on such deposit, the 1st respondent/claimant be and hereby is permitted to withdraw the entire amount with accrued interest forthwith, by filing necessary application before the trial Court;

3.that the appellant Insurance Company be and hereby is at liberty to recover the award amount from the owner of he vehicle 2nd respondent by filing appropriate proceedings before the Executing Court;and https://hcservices.ecourts.gov.in/hcservices/

4.that there be no order as to costs in this Civil Miscellaneous Appeal.

sd/- Assistant Registrar(Co) / TRUE COPY / Sub-Assistant Registrar TO 1.THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM SUBORDINATE JUDGE, SIVAKASI 2.THE SECTION OFFICER, VERNACULAR RECORDS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to MR.K.Bhaskaran, Advocate,SR.No:65523 +1cc to Mr.J.S.Murali, Advocate, SR.No:65616 AE/PM PN/17.02.2017/2P/5C ORDER DATED :03/11/2016 D E C R E E CMA(MD) No.1225 of 2014 Nature of the Decree:- Dismissing this Civil Miscellaneous Appeal etc., as stated within.

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