Madras High CourtCMA(MD)/1227/2015disposed of

Iffco Tokyo General Insurance v. Sahul @ Sahul Hameed,

2015-10-28Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty eight day of October Two Thousand Fifteen PRESENT THE HON`BLE DR.JUSTICE P.DEVADASS CMA(MD) No.1227 of 2015 Iffco Tokyo General Insurance Company Ltd., rep.by its Branch Manager Tulsi Chambers, III Floor 195, T.V.Swami Road (West) R.S.Puram, Coimbatore ... Appellant / 2nd Respondent -vs1.Sahul @ Sahul Hameed ... Respondent / Petitioner 2.S.Karunahari 3.M/s.Coir On Foam Products rep.by its Managing Director Office No.1, Industrial Estate Udumalpet Road Pollachi 642 003 4.M/s.The Oriental Insurance Company Ltd., Rep.by its Branch Manager RVK Building 54, Dhali Road Udumalpet 642 126 ... Respondents / Respondents 1, 3 & 4 Appeal against the Order and Decree of the Motor Accident Claims Tribunal (Special Sub Judge, Tiruchirappalli), Trichi, dated 23.08.2013 and made in MCOP No.803 of2013.

ORDER : This Appeal coming on for hearing on this day upon perusing the grounds of Appeal, the order of the Lower Court, and upon hearing the arguments of M/S.S.SRINIVASARAGHAVAN, Advocate for the appellant and of MR.N.SUDHAGAR NAGARAJ, Advocate for the 1st respondent and the Respondents 2 to 4 not appearing in person or by an advocate, this court doth order and DECREE as follows :- i) that the Judgment and DECREE of the Tribunal below be and hereby are upheld and this appeal is DISMISSED.

ii) that the appellant herein/2nd Respondent be and hereby directed to deposit the entire award amount including costs and interest, less amount already deposited, to the credit of M.C.O.P.No.803/2013 of the Tribunal below within four weeks from the date of receipt of a copy of this Judgment;

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iii) that on proper petition being filed, the Tribunal below be and hereby is directed to pay the entire amount to the claimant/less amount if any already withdrawn; and iv) that there be no costs in this appeal.

sd/- Assistant Registrar (CSII) / TRUE COPY / Sub-Assistant Registrar TO

1. THE PRINCIPAL DISTRICT JUDGE TIRUCHIRAPPALLI

2. THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SPECIAL SUB JUDGE) TIRUCHIRAPPALLI +1CC to Mr.N.Sudhagar Nagaraj Advocate Sr.63551 +1CC to Mr.S.Srinivasa Raghavan Advocate Sr.No.63564 Copy to :

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

DATED : 28/10/2015 DECREE IN CMA(MD) No.1227 of 2015 Nature of DECREE : DISMISSING the appeal and upheld the Judgment and Decree of the Tribunal below etc., as stated within.

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