M/S.National Insurance Co. v. G.Muthulakshmi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eighteenth day of December Two Thousand Seventeen PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN CMA(MD) No.1335 of 2015 M/S.NATIONAL INSURANCE CO.
LTD., THROUGH ITS BRANCH MANAGER, MIG 315, 80 FEET ROAD, ANNA NAGAR, MADURAI.
... APPELLANT - Vs. - 1 G.MUTHULAKSHMI W/O.LATE. (DECEASED ) P.GURUSEV, PERUMALPATTY, BOOTHAGUDI POST, ALANGANALLUR VILLAGE, MADURAI DT.
2 MINOR G. TARVIN S/O.LATE. (DECEASED ) P. GURUSEV, PERUMALPATTY, BOOTHAGUDI POST, ALANGANALLUR VILLAGE, MADURAI DT.
3 MINOR G. ELAKKIYA D/O.LATE (DECEASED ) P.GURUSEV, PERUMALPATTY, BOOTHAGUDI POST, ALANGANALLUR VILLAGE, MADURAI DT.
4 MINOR G. PERNATSA, S/O.LATE.(DECEASED ) P. GURUSEV, PERUMALPATTY, BOOTHAGUDI POST, ALANGANALLUR VILLAGE, MADURAI DT.
(MINORS REP 2 TO 4 ARE REP THROUGH 1ST RESPONDENT MOTHER) 5 P.KARUPPAYAEE AMMAL MOTHER OF LATE (DECEASED) P. GURUSEV, W/O. PITICHAI, PERUMALPATTY, BOOTHAGUDI POST, ALANGANALLUR VILLAGE, MADURAI DT.
... 1st to 5th Respondent 6 K.SUDALAIMUTHU, S/O.KUMARASAMY, NO.1, SEENIAPPAN THIRUTHU, WEST ST, THATCHANALUR, TIRUNELVELI -358.
... 6th respondent 7 M/S. UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS DIVISIONAL MANAGER, 7.A, WEST VELI ST, MADURAI.
... 7th respondent 8 K.SUDHA W/O. SIKKENDAR, NO.1, VALLIGAIMALAR ST, BHARATHI NAGAR, KRISHNAPURAM COLONY, MADURAI DT.
... 8th Respondent
This Civil Miscellaneous Appeal filed Under Section 173 of Motor Vehicle Act, 1988 against the award passed by the Motor Accident Claims Tribunal, IV Additional District Judge, Madurai made in MCOP NO.60 of 2008 dated 25.08.2012.
ORDER : This Appeal coming on for hearing on this day, upon perusing the Grounds of Appeal, the award Tribunal below and the material papers of the Appeal and upon hearing the arguments of Mr.J.S.Murali, Advocate for the Appellant, Mr.T.A.Ebenezer, Advocate for first to fourth respondents, Mr.K.A.Thirumalaiappan, Advocate for seventh respondent and fifth and sixth respondents not appeared either in person or through an Advocate, this court, doth order and decree as follows:
1. that the award of the Motor Accidents Claims Tribunal, IV Additional District Judge, Madurai dated 25.08.2012 made in M.C.O.P. No.60 of 2008 be and hereby is confirmed and the Civil Miscellaneous Appeal dismissed;
2. The Appellant/Insurance Company and the United Insurance Company ltd., are directed to deposit the entire compensation amount as per the common award dated 25.08.2012 passed by the Tribunal, with interest at the rate of 7.5% per annum and costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of Judgment, less the amount already deposited, if any.
3. On such deposit being made the Major Claimants/first and fifth respondents are permitted to withdraw their respective shares an apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper petition before the Tribunal.
4. That the share of the minor claimants/respondents 2 to 4 shall be deposited in any one of the Nationalized Bank in an interest bearing account and the First Respondent/Natural guardian of the minor claimants is permitted to withdraw the accrued interest once in three months directly from the Bank, till they attain majority.
5. That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV)
To The IV Additional District Judge, The Motor Accident Claims Tribunal, Tirunelveli. Copy to The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC To MR.J.S.MURALI, Advocate SR. NO.93468 +1 CC To MR.T.A.EBENUZER, Advocate SR. NO.93899 Date :18/12/2017 DECREE CMA(MD) No.1335 of 2015 Dismissing this Civil Miscellaneous Appeal Preferred against the award passed by IV Additional District Judge, Madurai made in MCOP No.60 of 2008 etc., as stated within.
TR/skn/SAR-IV(26.09.2018)2P 6C