The Branch Manager v. Thiru.Kesavan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT FRIDAY,THE TWENTY FOURTH DAY OF MARCH,TWO THOUSAND AND SEVENTEEN THE HONOURABLE MS.JUSTICE V.M.VELUMANI CIVIL MISCELLANEOUS APPEAL(MD) No.260 of 2017 The Branch Manager, Oriental Insurance Company Limited, Madurai.

..Appellant/Respondent No.2 vs.

1.Kesavan ..1st Respondent/Petitioner 2.M.Kathiresan ..2nd Respondent/Respondent No.1 Appeal filed under Section 173 of Motor Vehicle Act, 1988, against the judgment and decree of the principal Subordinate Judge, Motor accident claims Tribunal, Dindigul dated 18.07.2012 made in M.C.O.P.No.329 of 2007 This Appeal coming on for hearing on this day;upon perusing the grounds of the Appeal, the Judgment of the Lower court and the material papers available in this case and upon hearing the arguments of Mr.C.Jawahar Ravindran,Advocate for the Appellant and of Mr.G.Gomathi Sankar,Advocate for the First Respondent and the Second Respondent not appearing either in person or by Advocate, this Court doth order and decree as follows:

(i)That the Judgment and Decree dated 18.07.2012 made in MCOP.No.329 of 2007 on the file of the Principal Subordinate Judge, The Motor Accidents claims Tribunal Dindigul be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed; (ii)That the Appellant/Insurance Company be and hereby is directed to pay the amount awarded by the Tribunal below at the first instance and recover the amount paid from the owner of the vehicle/Second respondent by way of filing Execution Petition before the Tribunal below;without actually filing a suit as held by the Hon'ble Apex Court in the Judgment reported in 2004(2) CTC 464(Oriental Insurance Company Ltd-VI)Shri Nanjappan and other. (iii)That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amoun to the credit of the MCOP No.329 of 2007 on the file of the Tribunal below within a period of eight weeks from the date of receipt of a copy of this order;

(iv)that on such deposit being made, the Claimant/Ist Respondent is at liberty to withdraw the entire award amount deposited along with accrued interest and costs,without filing any https://hcservices.ecourts.gov.in/hcservices/

formal petition seeking and permission.

(v)That there be no costs in the present Appeal. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Principle Subordinate Judge, Motor Accident claims Tribunal, Dindigul.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED:24.03.2017 DECREE C.M.A(MD) No.260 of 2017 Dismissing the Appeal preferred against the J/D dat.18.7.2012 in MCOP.No.329/07 on the file of the Motor Accident ClaimsTribunal, Dindigul and giving directions etc as stated within.

kk/KP/21.04.2017-2P-3C https://hcservices.ecourts.gov.in/hcservices/