Madras High CourtCMA(MD)/1515/2010dismissed

The Branch Manager v. Durairaj

2021-02-23Honourable Mr Justice K. Kalyanasundaram2 pages

CMA(MD). No.1515 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.1515 of 2010 THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE CO.LTD.

T.S.N.5719, SEETHAIAMMAL COMPLEX, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

.. Appellant/2nd Respondent Vs

1. DURAIRAJ .. Respondent/Claimant

2. ARANGRAJ .. Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the Motor Accident Claims Tribunal, Sub Court, Pudukkottai, dated 10/03/2010 passed in MCOP NO.83 of 2006.

DECREE:-This Civil Miscellaneous Appeal having come up for final hearing on this day, 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. B. RAJESH SARAVANAN, Advocate for the Appellant and of MR. G. MADHAVAN, Advocate for the 1st respondent, this Court doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal, Sub Court, Pudukkottai, dated 10/03/2010 passed in MCOP NO.83 of 2006, be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed;

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

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.1515 of 2010

(3) That on such deposit being made, the claimant be and hereby is permitted to withdraw the award amount less the amount already withdrawn if any by making necessary application before the Tribunal; and

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Motor Accident Claims Tribunal, Sub Court, Pudukkottai.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Mr.B.RAJESH SARAVANAN, Advocate ( SR-6846 dated 24/02/2021 ) ORDER DATED : 23/02/2021 ========================== DECREE ========================== CMA(MD). No.1515 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal Preferred against the judgment and decree of the Motor Accident Claims Tribunal, Sub Court, Pudukkottai, dated 10/03/2010 made in MCOP NO.83 of 2006 etc., stated within.

VB (16.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2