National Insurance Co Ltd v. N.Nagarethinam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of August Two Thousand Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI NATIONAL INSURANCE CO LTD, DIVISIONAL OFFICE, KRT BUILDINGS, PROMANADE ROAD, CANTONMENT, TRICHY-1.

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Appellant / 3rd Respondent Vs 1 N.NAGARETHINAM 2 A.NATARAJAN 3 N.ANAND 4 SINGARAVADIVELU ..

Respondents 1 to 4 / Petitioners 1 to 4 5 SAIMONRAJ 6 P.KUMAR ..

Respondents 5 & 6 / Respondents 1 & 2 Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 preferred against the award passed by the Motor Accidents Claims Tribunal (I Additional District Judge) (PCR), Trichirapalli dated 11.11.2005 made in M.C.O.P. No.2848 of 2002. DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on Friday, the Twenty Nineth day of July, Two Thousand and Twenty Two (29.07.2022), upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR.S.SRINIVASA RAGHAVAN, Advocate for the Appellant and of none appearance for respondents either in persons or through advocate, and having stood over for consideration till this day and Court doth judgment order and decree as follows:- 1/3

(1) That the award passed by the the Motor Accidents Claims Tribunal (I Additional District Judge) (PCR), Trichirapalli dated 11.11.2005 made in M.C.O.P. No.2848 of 2002 be and hereby is dismissed

(2) That the Appellant herein /Insurance Company be and hereby is directed to deposit the entire compensation of Rs.7,81,000/- (Rupees Seven Lakhs Eighty One Thousand only) (if not already deposited) together with interest at the rate of 7.5% per annum to the credit of M.C.O.P. No.2848 of 2002 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge) (PCR), Tiruchirapalli, within a period of eight weeks from the date of receipt of a copy of this order, less any amount already deposited.

(3) That on such deposit being made, by the Appellant herein / Insurance Company, the respondents / claiments be and are hereby permitted to withdraw the entire award amount, with interest as apportioned by the Tribunal and cost less any amount already withdrawn by them. Sd/- Assistant Registrar (CS-II) // True Copy // /08/2022 Sub Assistant Registrar(CS) TO The MOTOR ACCIDENT CLAIMS TRIBUNAl/ I ADDITIONAL DISTRICT JUDGE) (PCR) TRICHIRAPALLI COPY TO:

THE SECTION OFFICER, V.R. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI - 2 COPIES +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-37809 dated 12/08/2022 ) 2/3

ORDER DATED : 12/08/2022 ========================== DECREE ========================== Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the the award passed by the Motor Accidents Claims Tribunal (I Additional District Judge) (PCR), Trichirapalli dated 11.11.2005 made in M.C.O.P. No.2848 of 2002.

RD(26/08/2022) 3P 5C 3/3