Madras High CourtCMA(MD)/1246/2013dismissed

Shriram General Insurance v. S.Sathiya, W/O. Satheesh

2022-02-03Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMA(MD). No.1246 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Third day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMA(MD). No.1246 of 2013 SHRIRAM GENERAL INSURANCE CO. LTD. REP. BY BRANCH MANAGER 1002, E-8,RIICO Industrial Area, Sitapura, Jaipur, Rajasthan.

...Appellant/ Respondent-2 Vs 1 S.SATHIYA, 2 N.SANKARESWARI, ... 1st& 2nd Respondents/Petitioners 3 MANAGING TRUSTEE MS BETHEL FELLOSHIP TRUST, MARIYAMMAN KOIL TRUST 4 T.HARIBALAKRISHNAN 5.THE ORIENTAL INSURANCE CO. LTD REP. BY ITS BRANCH MANAGER NO.158-P.

NEW ROAD KOVILPATTI, TUTICORIN DISTRICT ...3to5 Respondents/Respondent 1,3&4 Prayer :- The Civil Miscellaneous Appeal filed under section 173 of Motor Vehicle Act, 1988, preferred against the award of the Addl.District & Sessions Court-1,I/C, Motor Accident Claims Tribunal, Tirunelveli, dated 29.12.2011, made in MCOP No.382 of 2011.

Decree:

This Civil Miscellaneous Appeal coming up for final hearing on this day and upon perusing the Grounds of Appeal, the order of the Tribunal and the material papers of the case and upon hearing the arguments of Mr.S.Srinivasa Raghavan Advocate, for the Appellant and Mr.B.Chandran, Advocate for 1 and 2 Respondents, Mr.R.Prakash, Advocate for 3rd Respondent, Mr.C.Jawahar Ravindran, Advocate for the 5th Respondent,the fourth Respondent not appeared either in person or by an Advocate, this Court , doth order and Decree as follows:- i) That, the Appellant/ Shriram General Insurance Co.Ltd., be and hereby is directed to deposit the compensation awarded by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.1246 of 2013 Tribunal together with interest at the rate of 7.5% per annum from the date claim petition till the date of deposit to the credit of MCOP Nos. 382 of 2011, on the file of the Motor Accident Claim Tribunal, Additional District Court/Fast Track-1(Incharge) Tirunelveli, within a period of six weeks from the date of receipt of a copy of this order;

ii)that,the Civil Miscellaneous Appeal be and hereby is dismissed; ii) that, the Respondent herein/claimants shall entitled to withdraw the same, by filing necessary application before the Tribunal; and iii) That, there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Judge, Addl.District & Sessions Court, FTC No.I (Incharge) Motor Accident Claims Tribunal, Tirunelveli, Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +2 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-4015 dated 03/02/2022 ) +1 CC to M/s.B.CHANDRAN, Advocate ( SR-4304 dated 04/02/2022 ) ORDER DATED : 03/02/2022 ========================== DECREE ========================== CMA(MD). No.1246 of 2013 Dismissed the CMA(MD).No.1246 of 2013 preferred against award passed by of the Addl.District & Sessions Judge,-1,I/C, Motor Accident Claims Tribunal, Tirunelveli, dated 29.12.2011, made in MCOP No.382 of 2011.

RD(29.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2