M/S.The New India Assurance Co v. Rajalakshmi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P.(MD)No.1 of 2012 M/s.The New India Assurance Company Limited, Pillars Gate, Opposite to Anna Stadium, Nagarcoil, Kanyakumari District.
Rep. by its Branch Manager.
... Appellant Vs.
1.Rajalakshmi 2.Rama Mani 3.Usha Rani 4.V.Sudha 5.H.Ramachandran 6.R.Prasanth 1/5
7.M/s.Reliance General Insurance Company Ltd., Vazhuthacad, Opposite to Women's College, Trivandrum-14.
Rep. by its Branch Manager.
8.C.Charles 9.V.Sahaya Carmel Rajan ... Respondents PRAYER: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988, against the award dated 03.11.2011 and made in M.C.O.P.No.324 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil. For Appellant : Mr.K.Murugesan For R-1 to R-3 : Mr.M.P.Senthil For R-7 : Mr.V.Sakthivel For R-9 : Mr.A.John Vincent For R-5, R-6 & R-8 : No appearance 2/5
JUDGMENT
The present Civil Miscellaneous Appeal is filed, against the award dated 03.11.2011 and made in M.C.O.P.No.324 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil.
2.Heard the learned Counsel appearing for the appellant, the learned Counsel appearing for the respondents and perused the materials available on record.
3. This Court is of the considered opinion not to interfere with the award passed by the tribunal in accordance with law. Hence, the award of the tribunal is hereby confirmed. In view of the same, the appellant is directed to deposit the entire compensation amount as awarded by the Tribunal with accrued interest and costs to the credit of M.C.O.P.No.324 of 2009 on the file of the Motor Accidents Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil within a period of eight weeks (8) from the date of receipt of copy of this judgment, less the 3/5
amount, if any already deposited. On such deposit, the claimants are permitted to withdraw the said amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal.
4. With these observations and directions, this Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
16.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Motor Accident Claims Tribunal, Additional District Court, II Additional Sub Court, Nagarcoil.
Copy to The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J., Sml 16.10.2023 5/5