Madras High CourtCMA(MD)/804/2009dismissed

The Oriental Insurance Co. Ltd v. Nadimuthu

2020-02-14Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourteenth day of February Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMA(MD). No.804 of 2009 THE ORIENTAL INSURANCE CO. LTD, THROUGH ITS BRANCH MANAGER, DUVARKKA 2ND FLOOR, 79, UTHAMAR GANDHI SALAI, CHENNAI CORPORATION, CHENNAI BIG TOWN..

... Appellant/2nd Respondent Vs 1 NADIMUTHU, S/O.KASI, SUNNAMBUKARA STREET, PATTUKOTTAI MUNSIF, PATTUKOTTAI TALUK AND TOWN ...1st Respondent/Petitioner 2 KASI, S/O.ANDIYAPPAN, NO.5/C, PALLIVASAL STREET, PATTUKOTTAI MUNSIF, PATTUKOTTAI TALUK AND TOWN.

(R2- REMAINED EXPARTE BEFORE THE LOWER COURT). ...2nd Respondent/1st Respondent Prayer:- Civil Miscellaneous Appeal under Section 173 of Motor Vehicles Act, 1988, preferred against the Award dated 07.11.2008, made in M.C.O.P.No. 463 of 2006 on the file of the Motor Accident Claims Tribunal (Sub Court), Pattukkottai.

DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the Award of the Tribunal and the material papers to the Appeal and upon hearing the arguments of MR. K.BHASKARAN, Advocate for the Appellant and of MR. S. DEENADHAYALAN, Advocate for the 1st respondent/Claimant, this Court doth order and decree as follows:-

(1) That the Award passed in M.C.O.P.No. 463 of 2006, dated 07.11.2008, by the Motor Accident Claims Tribunal (Sub Court), Pattukkottai be and hereby is confirmed and the Civil Miscellaneous Appeal do stand dismissed;

(2) That the Appellant/Insurance Company shall deposit the award amount along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, within a period of four(4) weeks https://hcservices.ecourts.gov.in/hcservices/

from the date of receipt of copy of this judgment, if not already deposited.

(3) That on such deposit being made, the claimant/first respondent herein be and hereby is permitted to withdraw the amount after deducting amount, if any, already received by him. The claimant is not entitled to interest for the default period if there is any.

(4) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Sub Court, (Motor Accident Claims Tribunal), Pattukkottai,Thanjavur District.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.K.BASKARAN, Advocate ( SR-6421 dated 14/02/2020 ) ORDER DATED : 14/02/2020 ========================== DECREE ========================== CMA(MD). No.804 of 2009 Nature of Decree:- Dismissing the Civil Miscellaneous Appeal preferred against the the award dated 07.11.2008, made in M.C.O.P.No. 463 of 2006 on the file of the Motor Accident Claims Tribunal cum Sub Court, Pattukkottai.

KK(10.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/