Madras High CourtCMA(MD)/1689/2010dismissed

Branch Manager v. Mr.Rajendran

2019-11-07Honourable Mr Justice Krishnan Ramasamy2 pages

CMA(MD). No.1689 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of November, Two Thousand And Nineteen PRESENT The Honourable Mr.Justice KRISHNAN RAMASAMY CMA(MD). No.1689 of 2010 BRANCH MANAGER, THE ORIENTAL INSURANCE CO.,LTD., 216A, NETHAJI ROAD, MADURAI.

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Appellant / 1st Respondent Vs 1 RAJENDRAN ... 1st Respondent / Petitioner 2 POOPANDI ... 2nd Respondent / 2nd Respondent 3 BRANCH MANAGER, M/S.NATIONAL INSURANCE CO.,LTD., 2A, THIRUMANGULAM NORTH STREET, TALLAKULAM, MADURAI 625 002.

...3rd Respondents/ 3rd Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the judgment and decree of the I Additional Subordinate Judge, The Motor Accidents Claims Tribunal / I Additional Subordinate Court, Madurai dated 18.09.2009 passed in M.C.O.P. No.265 of 2002.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, 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.C.JAWAHAR RAVINDRAN, Advocate for the Appellant and of MR.C.VAKEESWARAN, Advocate for the first Respondent, and of MR.J.S.MURALI, Advocate for the third respondent, this Court doth order and decree as follows:-

(1) That the Award dated 18.09.2009 passed in M.C.O.P. No.265 of 2002 on the file of the Motor Accidents Claims Tribunal / I Additional Subordinate Court, Madurai be and hereby is confirmed and the Civil Miscellaneous Appeal is dismissed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMA(MD). No.1689 of 2010

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount with accrued interest and costs awarded by the Tribunal, , within a period of 8 weeks from the date of receipt of copy of this judgment, if not already deposited.

(3) That on such deposit being made, the claimant shall withdraw the entire amount with accrued interest and costs by filing an application before the Tribunal, less the amount already withdrawn, if any;

(4) And that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The I Additional Subordinate Judge, The Motor Accidents Claims Tribunal/I Additional Sub Court, Madurai.

Copy to:

The Section Officer, (2 COPIES) V.R. Section,Madurai Bench of Madras High Court, Madurai +1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-96804 dated 07/11/2019 ) +1 CC to M/s.C. JAWAHAR RAVINDAR, Advocate ( SR-97007 +1 CC to M/s.J.S.MURALI, Advocate ( SR-97004 dated 08/11/2019 ) ORDER DATED : 07/11/2019 ========================== DECREE ========================== CMA(MD). No.1689 of 2010 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 18.09.2009 made in MCOP. No.

265 of 2002 on the file of the MACT/ I Addl. Sub Court,Madurai and giving directions etc., SMA/21/01/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2