Madras High CourtCMA(MD)/1454/2016dismissed

National Insurance Company v. K.Seenivasan,

2016-12-16Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Sixteenth day of December Two Thousand and Sixteen PRESENT THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A(MD)No.1454 of 2016 The National Insurance Company Limited, Rep.by its Branch Manager, Vigneswara Buildings, 2/7, Pudukkottai Street, Trichy.

...Appellant/Respondent No.2 Vs.

1.K.Seenivasan ... Respondent No.1/Petitioner 2.V.Senthil ... Respondent No.2/Respondent No.1 PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award made in M.C.O.P.No.9 of 2007, dated 31.08.2009 on the file of the Motor Accident Claims Tribunal, sub-Court, Uthamapalayam.

DECREE: This appeal coming on for hearing on this day upon perusing the grounds of appeal and judgment and decree of the court below, and the material papers in this appeal and upon hearing the arguments of Mr.D.Sivaraman, Advocate for the appellant and the respondents not appeared either in person or by an Advocate, this court while dismissing this civil miscellaneous appeal, doth order and decree as follows:- i)that the award dated 31.08.2009 passed by the Motor Accident Claims Tribunal, sub-Court, Uthamapalayam in M.C.O.P.No.9 of 2007 be and hereby is confirmed and this civil miscellaneous appeal is dismissed;

ii)that the appellant/Insurance company be and here by is directed to transfer the amount of Rs.97,664/-(Rupees Ninety Seven Thousand Six Hundred and Sixty Four only) along with interest and costs to the personal Savings Bank Account Number of the respondent/claimant by RTGS/NEFT within a period of four weeks from the date of receipt of a copy of this order. iii)that there be no costs in civil miscellaneous appeal. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

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To 1.The Motor Accident Claims Tribunal, Sub-Court, Uthamapalayam.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.D.Sivaraman, Advocate in SR.81531 ORDER DATED : 16.12.2016 DECREE CMA(MD)No.1454 OF 2016 Nature of Decree: Dismissing the appeal by confirming the award dated 31.08.2009 passed by the Motor Accident Claims Tribunal, SubCourt, Uthamapalayam giving direction etc., as stated within.

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