Madras High CourtCMA(MD)/478/2012dismissed

The Branch Manager v. Kala

2023-10-13Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.M.A.(MD)No.478 of 2012 1.Kala M.C.O.P.No.1406 of 2000 on the file of the Motor Accident Claims 1/6

C.M.A.(MD)No.479 of 2012 1.Minor.Kirithika, (Rep. by her mother & next friend Kala) M.C.O.P.No.2046 of 2000 on the file of the Motor Accident Claims 2/6

C.M.A.(MD)No.480 of 2012 1.Periammal @ Ariyamalai M.C.O.P.No.2050 of 2000 on the file of the Motor Accident Claims

JUDGMENT

C.M.A.(MD)No.478 of 2012 is filed, against the award dated 21.10.2009 and made in M.C.O.P.No.1406 of 2000 on the file of the Motor 3/6

Accident Claims Tribunal, Principal District Judge, Trichirappalli and to set aside the same.

2. Heard, the learned Counsel appearing for the appellant and perused the materials available on record. No representation for the respondents.

3. On perusal of the entire award, it is made clear that the Tribunal has rightly assessed the oral and documentary evidence and arrived at the just and reasonable compensation. In such view of the matter, I find no merits in this appeal. Accordingly, these Civil Miscellaneous Appeals are dismissed.

4. The Insurance Company 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.1406 of 2000, M.C.O.P.No.2046 of 2000 and M.C.O.P.No.2050 of 2000 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Trichirappalli within a period of eight 4/6

weeks (8) from the date of receipt of copy of this judgment, less the 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 On such deposit, the claimants are permitted to withdraw the said amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal. No costs.

13.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Motor Accident Claims Tribunal, Principal District Judge, Trichirappalli.

Copy to The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J., Sml 13.10.2023 6/6