The New India Assurance Co.Ltd v. Gilda, W/O.Sunny @ Michael

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Seventeenth day of March Two Thousand and Fifteen PRESENT THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN C.M.A.(MD)No.334 of 2011 The New India Assurance Company Limited Through its Branch Manager Office at Opposite to Anna Stadium Balamore Road, Nagerkoil ..Appellant/2nd Respondent Vs.

1.Gilda 2.Minor Sandeep 3.Minor Sanjay ..Respondents 1 to 3/Petitioners (Minors R2 and R3 are represented by their mother and natural guardian R1 4.Rabi ..4th Respondent/1st Respondent Appeal against the award of the Motor Accidents Claims Tribunal (II Additional District Judge), Tirunelveli dated 04.08.2010 and made in M.C.O.P.Nos.1183 of 2008.

DECREE: This appeal coming on for hearing on this day upon perusing the grounds of appeal, the award of the Tribunal below and material records of this case the order of this court, dated 10.03.2011 and made in MP(MD) No.1/2011 in CMA(MD)No.334/2011 and upon hearing the arguments of Mr.B.Vijay Karthikeyan, Advocate for the appellant herein and of Mr.T.Selvakumaran, Advocate for the respondents 1 to 3 herein and of Mr.K.P.Krishnadoss, Advocate for 4th respondent herein and this court doth order and decree as follows:- i)that the award of the Motor Accidents Claims Tribunal (II Additional District Judge), Tirunelveli dated 04.08.2010 and made in MCOP.No.1183/2008 be and hereby is confirmed and this civil miscellaneous appeal dismissed;

ii)that the first respondent herein/1st Claimant be and hereby is permitted to withdraw her share on award amount. iii)that the 1st respondent herein/1st claimant, the mother of the minor claimants, be and hereby is permitted to withdraw the interest on the share of the respondents 2 & 3 herein/minor claimants once in three months directly from the bank; and iv)that there be no costs in this civil miscellaneous appeal. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.Motor Accidents Claims Tribunal (II Additional District Judge), Tirunelveli.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.Selvakumaran, Advocate in SR.12926 +1cc to Mr.B.Vijay Karthikeyan, Advocate in SR.12887 ORDER DATED : 17.03.2015 DECREE CMA(MD)No.334 OF 2011 Nature of Decree: Dismissing this civil miscellaneous appeal preferred against the award dated 04.08.2010 made in MCOP.No.1183/2008 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), Tirunelveli etc., as stated within.

Pbk 22/04/2015 ::2p-5c:

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