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Madras High CourtCMA(MD)/1306/2015dismissed

Reliance General Insurance Co. v. Anitha,

2016-12-21Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice R.SUBBIAH and The Hon`ble Mrs.Justice J.NISHA BANU CMA(MD) No.1306 of 2015 Reliance General Insurance Co.Ltd, No.10/4/4, Thaka Plaza, South Bye Pass Road, Vannarapettai, Tirunelveli Through its Branch Manager ... Appellant/Respondent-3 Vs.

1.Anitha 2.Minor.Jefrin Paul (Rep.by his mother & natural guardian 1st Respondent) 3.Esthar Rani 4.Paul Devadasan .. Respondents 1 to4/Petitioners 5.Anbazhagan 6.The Secretary, Ensteen Engineering College, Tirunelveli to Tenkasi Main Road, Seetha Parpanallur, Tirunelveli District ... Respondents5&6/Respondents 1 & 2 Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act,1988 against the judgment and decree of the Motor Accident Claims Tribunal (IV Additional District Judge) Tirunelveli , dated 09.04.2015 in M.C.O.P.No.346 of 2013. DECREE: This Appeal is coming for hearing on this day, upon perusing the grounds of Appeal, award of the Tribunal below and the material papers of the case and upon hearing the arguments of Mr.S.Srinivasa Raghavan, Advocate for Appellant and of Mr.J.

ArulPrakash for the Respondents 1,3 and 4 and the Respondents 5 and 6 not appeared either in person or by an Advocate, this Court doth order and decree as follows :- i) that the Judgment and decree of the Motor Accident Claims Tribunal, IV Additional District Judge, Tirunelveli, dated 09.04.2015 made in MCOP.No.346/2013 be and hereby is confirmed; and the Civil Miscellaneous Appeal is dismissed ; https://hcservices.ecourts.gov.

after deducting the amount that has already been withdrawn by them, if any ;

iii) that, insofar as minor share is concerned, the Tribunal be and hereby is directed to invest his share in any one of the Nationalised Banks, till he attains majority and the first respondent is permitted to withdraw the accrued interest from the said deposit, once in three months ; and iv) that, there be no costs in this Civil Miscellaneous Appeal. sd/- Assistant Registrar (CO) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE IV ADDITIONAL DISTRICT JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI Copy To :The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.S.Srinivasa Raghavan, Advocate Sr.No.83297 GJM/SV/MMS/8.2.17-2p-4C DECREE IN CMA(MD) No.1306 of 2015 Date :21/12/2016 Nature of the DECREE :

Dismissing the Appeal preferred against the Judgment and Decree of the IV Additional District, Tirunelveli, dated 914/2015 made in MCOP.No.346/2013 and etc., as stated within.

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