The Divisional Manager v. S.Ramachandran

CMA(MD). No.474 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of December Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice K.KALYANASUNDARAM CMA(MD). No.474 of 2009 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD.

WEST VELI STREET MADURAI-1.

..Appellant/2nd Respondent Vs 1 S.RAMACHANDRAN S/O.SURYA NARAYANA NADAR, 8-6-11, SAMY NADAR STREET, NILAKKOTTAI.

..1st Respondent/1st Petitioner 2 R.BRAHMANANDH S/O.S.RAMACHANDRAN, 8-6-11, SAMY NADAR STREET, NILAKOTTAI.

..2nd Respondent/2nd Petitioner 3 K.SUBRAMANIAN 4/29-A, VALLAM P.O., NAINARKOIL VIA, PARAMAKUDI, RAMNAD DISTRICT. ..3rd Respondent/1st Petitioner (3RD RESPONDENT EXPARTE BEFORE TRIBUNAL) 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 (Additional District JudgeFast Track Court) Dindigul dated 16.03.2007 passed in MCOP No.252 of 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.G.PRABHU RAJADURAI, Advocate for the Appellant and of MR.K.APPADURAI,Advocate for the Respondents Nos.1 & 2 and MR.K.SATHIAMOORTHY,Advocate for the Respondent No.3, this Court while dismissing the appeal doth order and decree as follows:-

(1) That the award passed by the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court) Dindigul dated 16.03.2007 passed in MCOP No.252 of 2004 be and hereby is confirmed. https://hcservices.ecourts.gov.in/hcservices/

(2) That the Appellant/Insurance Company be and hereby is directed to deposit the entire award amount with accrued interest and

CMA(MD). No.474 of 2009 costs, less the amount already deposited, if any, within in a period of eight weeks from the date of receipt of a copy of this order.

(3) That on such deposit, the first respondent/claimant be and hereby is permitted to withdraw the award amount, less the amount already withdrawn, if any, together with interest and costs, as the claim petition was dismissed as against the 2nd respondent/second claimant by the Tribunal and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 Additional District Judge (Fast Track Court) Motor Accident Claims Tribunal Dindigul Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies + 1 CC to Mr.G.Prabhu Rajadurai, Adv in C.A.SR.No.25210/2020 DATED : 10/12/2020 ========================== DECREE ========================== CMA(MD). No.474 of 2009 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the judgment and decree of the Motor Accident Claims Tribunal (Additional District Judge- Fast Track Court) Dindigul dated 16.03.2007 made in MCOP No.252 of 2004 https://hcservices.ecourts.gov.in/hcservices/ KK(18.01.2021) 2P 5C